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I am about to publish a book. I am wondering if it is legal

for me to use images...
I am about to publish a book. I am wondering if it is legal for me to use images that show the trademarked (registered) brands of products. Labels, logos, etc.
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Answered in 1 hour by:
4/18/2013
montysimmons
montysimmons, Patent Prosecutor
Category: Intellectual Property Law
Satisfied Customers: 328
Experience: Electrical Engineer, South Carolina Attorney, Member of US Patent Bar
Verified

montysimmons :

I will switch to Q&A mode since you are off line

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Customer reply replied 4 years ago

Hmm, I didn't get an answer from you. I'm online now.


Maybe we can chat?


 


I need more information on how the images with trademarks are being used in your book.

Please provide more detail about such images and their use.

Thank you.

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Customer reply replied 4 years ago

The book discusses collecting vintage cigars. The images would range from images of the cigars and their boxes, to the possible inclusion of images of the brand logos.


Would it be fair to say your book uses images of cigars and shows their logos in an evaluation of such items . . . like a critic might evaluate the work of an author of a book or movie?

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Customer reply replied 4 years ago

yes, that is true. In sections where a brand is discussed, I would like to use images to illustrate which brand is being discussed.


No problem then.

TRADEMARK
The key is not to try to use the good will of another (via their trademark) to confuse others and make money for yourself.

For trademarks, just be sure to show the (R) ("R" in a circle) where possible and in text make sure the (R) is there so that you are acknowledging the term/symbol is a registered Mark.

COPYRIGHT
Did you take the images or did you download them?

If you made the images (you took the pictures) there is little risk of copyright issues.

If you downloaded the images and they are the images of another, the risk if copyright issues is greater.

That said, such images might be in the public domain.

If you did not make the images, do you know who did or who owns them or if they recent images of vintage cigars or vintage images of vintage cigars?




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Customer reply replied 4 years ago

I will be selling the book. So my purpose is to make money. Most of the images are photos that I have taken. I have also been provided the logo art by the company that owns them for use in magazine articles. They did not give me explicit permission to use them in a book.


 


So for the photos, I do not have to worry about getting rights from a photographer, because I am he. My question is just about using their logos that they provided me and also using photos I took of their products that include their logos.

I see. Thanks. Your risk is low. Would be nice to have permission to use in the book but I do not believe you have to have such additional permission under the circumstances.

 

On legal issues I am a "belt and suspenders" type of person. My opinion is you will have no problems . . . but people can always cause problems even where they have no right.

 

So the risk is low but not zero.

montysimmons
montysimmons, Patent Prosecutor
Category: Intellectual Property Law
Satisfied Customers: 328
Experience: Electrical Engineer, South Carolina Attorney, Member of US Patent Bar
Verified
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Customer reply replied 4 years ago

Great. Thank you very much.


 

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montysimmons
montysimmons
montysimmons, Patent Prosecutor
Category: Intellectual Property Law
Satisfied Customers: 328
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Experience: Electrical Engineer, South Carolina Attorney, Member of US Patent Bar

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