Re: Trademark in Element of Skyline (Was: Copyright in Fireworks)

On 10/14/98, Rod McCarvel <rod[_at_]seanet.com> wrote:
>
> I apologize for jumping off-topic, but I seem to recall that a
> photographer who hoped to sell photographs of the Cleveland skyline
> for postcards or posters or some such thing was enjoined from doing
> so by the Rock and Roll Hall of Fame, which asserted a trademark (not
> a copyright) in the shape of its building. Does anyone else here
> recall this story? If this is true, then I would suggest that there
> is substantial commercial value in protecting the skyline of a city
> or any important element thereof by means of copyright, trademark,
> or whatever. If nothing else, there is some *negative* value to
> those who would seek to commercially exploit an image of that skyline.

Yes, you recall correctly. The district court found it to be a trademark violation for some fellow to sell posters which included a view of the RRHF building. Thank goodness, the court of appeals reversed and people are once again able to snap pictures of buildings. And sell the pictures.

Carl Oppedahl
<carl[_at_]oppedahl.com> Received on Thu Oct 15 1998 - 22:06:51 GMT