Proposed Revisions to Trademark Act Worry One Professional Photographer

Richard Weisgrau, a professional photographer, has sent his concerns about possible revisions to the 1946 Trademark Act, to Senator Orrin Hatch. In a February 3 letter, Weisgrau comments that the proposed Trademark Dilution Revision Act of 2005 "seems to open a door for suing a photographer on grounds that amount to defamation of a trademark."  Weisgrau points out that a trademarked object might be pictured in a photograph whose purpose is social or political commentary. Might the trademark owner then have grounds to sue the photographer for trademark dilution "by tarnishment" under the revised statute?

[Thanks to my colleague Ed Richards, whose photos of Katrina's aftermath are posted here, for this item].