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Re: NY MTA Claims SFMTA Parody Infringes on Trademarks

Posted by bmtlines on Wed Aug 26 16:47:10 2009, in response to Re: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by randyo on Wed Aug 26 16:34:32 2009.

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The MTA was on very shaky ground with that to begin with since they trademark specified use on apparel such as t-shirts, etc. A photograph of an in-service train cannot be confused with a bullet taken out of context and used on a t-shirt.

There have already been cases where photographers have been able to sell prints and even post cards and calendars that include images with trademarks.

Union Pacific tried to stop a photographer from selling calendars only to end up caving in and granting a royalty-free license in perpetuity when the photographer hired his own attorney and pursued the case.

Also of note is the Rock and Roll Hall of Fame Case They tried to prevent a photographer from selling pictures of their building and lost on appeal.

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