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Intellectual Property Law

: Trademark Blog

How Would You Advise the RNC?

By Marty Schwimmer

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The RNC comes to you and they say they want to use these stockphotos:

mcmontage2.jpg

istockphoto_6142353-senior-couple-on-cycle-ride.jpg

in this video (the photos appears at 6:46 and 7:02 respectively):

The first photo seems to appear with the words 'America will choose' and the second photo appears with 'prosperity."

The iStockPhoto license defines "Prohibited Use" in part as:

"use or display any Content that features a model or person in a manner that (i) would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavour; or (ii) that depicts such person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, crime, physical or mental abuse or ailments, or any other subject matter that would be reasonably likely to be offensive or unflattering to any person reflected in the Content;"

How do you advise?

Full post as published by Trademark Blog on September 06, 2008 (boomark / email).

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