Legal Question in Intellectual Property in Virginia

Re: Trademark/ Commercial Appropriation of likeness??

You need an intellectual property lawyer (NOT a generalist: someone who concentrates their practice in intellectual property law or trademark law). I don't know what part of VA you're in, but I can tell you that up around the DC area, there are PILES of IP lawyers. Or, if you want to go out of VA to hire a lawyer for whatever reason, you're welcome to contact my office.

Trademark law is not in place to protect the owner of the mark; rather, it protects the CONSUMER. If there is any chance of confusion as to the source of the artist's goods or your goods based on the artist's use of your marks, that gives you a powerful trademark infringement case. If there is not, your trademark infringement case is less powerful but not blown out of the water. As I said, you NEED TO HIRE AN IP LAWYER.

In any case, don't count on getting a lot of money damages from the artist for works already sold; artists in general don't have great piles of money, and the money this artist got from the sale of his prints of the painting containing your mark may have long gone to buy food and shelter.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.