4 ms·
> For example if you took a photo of the Tiffany blue and some jewellery and then shared it on Facebook it's likely Tiffany could succeed in a takedown request.
by bdowling 4y ago
> For example if you took a photo of the Tiffany blue and some jewellery and then shared it on Facebook it's likely Tiffany could succeed in a takedown request.
If the mark on the jewelry is genuine (i.e., if you are reselling genuine Tiffany jewelry), then Tiffany should not succeed in a takedown request because of the trademark exhaustion doctrine (an analogue of first-sale doctrine for copyright). On the other hand, appropriating the Tiffany marks to sell non-Tiffany jewelry would probably be infringing.
(Edit: It's even more complicated. Even if you weren't selling jewelry, you could still be passing off your use as if it were authorized by Tiffany (e.g., in an advertisement for something else). If, however, you were parodying Tiffany in your photo, then your use of the marks could be trademark fair use. So there are many ways a photo of jewelry accompanied by the Tiffany marks could go.)
- nl 4y agoTo clarify - I meant if you took a photo of a Tiffany blue color swatch and then posted a pic of it next to non-Tiffany jewellery a takedown request could succeed. Agree with all your points.