Does my Flickr photo infringe on a trademark? Do I have to remove it?
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Does my Flickr photo infringe on a trademark? Do I have to remove it? http://www.flickr.com/photos/brylyn/2326213779/ I took of a sign in the cafeteria where I work. It's goofy and funny, and my friends felt the same way about it. The most recent comment from http://www.flickr.com/photos/26019735@N08/ states: This is a registered trademark. You must remove the photo and comments at once or face prosecution. Your page will be checked within 48 hours to insure removal or you will be prosecuted. Am I in the wrong? Is this a weird hoax? I searched for "effective grant solutions" but literally nothing shows up for that phrase (when put in quotes). What do you think would happen if I merely restricted that photo to my Flickr contacts?
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Answer:
"Am I in the wrong?" No. A photo of a trademark doesn't infringe on it. "Is this a weird hoax?" Maybe. It might also be written in sincerity, but that doesn't make it any less incorrect or crazyheaded. Do you seriously think a cafeteria is going to sue you for taking a picture of their sign? "What do you think would happen if I merely restricted that photo to my Flickr contacts?" You'd be letting random people on the internet push you around for no reason. Just remove the comment and ignore the belligerent, clueless idiot. There are a lot of them out there, and you don't need to spend time and energy on them.
bryanjbusch at Ask.Metafilter.Com Visit the source
Other answers
Just report the user to Flickr, delete the comment and carry on as normal.
Happy Dave
FWIW, if there were actually anything about that image that did have a trademark, you'd see a clear (TM) on it. People don't keep them secret.
mkultra
Just want to point out that this user made a grammatical error in his "legal notice". I'm not sure what his motivation is, but this is a hoax.
qvtqht
Couple of things stand out to me. 1. I can't see any TM or R marks on the poster. 2. Leaving a note on Flickr is a strange way of 'requesting your assistance'. If it does go further, then you have an argument that even if the logo is registered, which I doubt, the trademark holder has not taken reasonable efforts to protect their IP.
dantodd
For future reference, when reporting a comment or user like this, it is best to leave the comment in place and hit report abuse for that page (link at the bottom). Then they can see the comment that you are complaining about. It stops any 'he said, you said'. If it is a serious issue, I'd screengrab the page, too, in case the user deletes it before it gets to the end of Flickr's queue for attention.
Brockles
If you say it fast enough, it might sound like 'Monkey Crap Cafe'.
Happy Dave
Off topic but what exactly is disturbing, terrifying or horrifying about the sign?
JJ86
I reported the user, so Flickr is aware.
Happy Dave
The company I work for uses Flickr to find photos of our products and restaurants all the time. I then shoot users a message asking if we post them on our website/Facebook group (With proper attribution!). I'd never even consider sending a take-down. It's baseless and it's free advertising. I'm thinking someone has a clueless manager and was told to get you to take it down. I'd ignore it.
GilloD
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