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Paintings by me

Selling time in lue of trademarked product

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I have a question that may be a completely stupid question but here we go. Trademarked items are legally not allowed to be sold but say i paint a picture with the philadelphia eagles logo in it but am selling my time to create the product. Not actually selling the product itself but my labor to create it. I do not use the trademarked items name in the selling process at all. Just list it as a painting i am creating at a certian labor rate and sell the labor rate rather then the product. Does this make any sense? I have people asking me to create pieces with certian trademarked items in them but dont want to get hit with trademark laws. Is there a legal way around that like what i mentioned above?

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Whether your works infringe on the trademarks depends on the content of your product, not be value of your time.  If your time is spent producing a painting of the Yankees logo, you are infringing the trademark.  But if you produce a portrait of a family with a small reproduction of the logo in the background, it might be considered fair use.  Any time you produce a copy of a trademark and worry about whether it infringes, it probably does.

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14 hours ago, Paintings by me said:

Trademarked items are legally not allowed to be sold

 

Huh?  That's not at all true (although the reference to "trademarked items" is vague since the word "trademark" is not properly used as a verb).

 

 

14 hours ago, Paintings by me said:

say i paint a picture with the philadelphia eagles logo in it but am selling my time to create the product. Not actually selling the product itself but my labor to create it.

 

I don't follow.  Why would someone pay you to paint a picture only for you to retain the picture?

 

If you can be more clear about what exactly you're talking about, I can try to answer your question.

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