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Trademark claims against Getty Images

Getty Images offers 80 million stock images for sale. Eleven of those images such as this one include a picture of a tree-shaped air freshener. Car Freshner, which claims exclusive rights to the marketing of air fresheners in this shape, has sued Getty Images for trademark violations. The Northern District of New York has refused to dismiss the complaint, which if viable, suggests that perhaps all non-nature photography requires licensing of some sort. Can I sell a photograph of someone drinking Coca-Cola? Can Abercrombie & Fitch sue MTV for broadcasting a show where someone unsavory wears the clothing?

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.