I am starting a new business (basically art classes) and used a picture of myself at a competitors event on my website the competitor sent me an email stating I would need to remove the photo that it is a violation of their trademark if I don't remove the photo their lawyer would send me a cease and desist letter. Do I have to remove this photo?
Thank You
Answer
It is difficult to answer your question the way it was presented. Were you promoting your business at the event? Were you operating as a vendor who was promoting your business and you purchased a spot or location to promote your business by and through the competitor? Did you use or display their trademark at the event?
A trademark is a word, phrase, logo or other graphic symbol used by a manufacturer or seller to distinquish it product or products from those of others. It is usually affixed to a product. If the issue is just a picture of you participating or attending one of their events and you was merely a "participant" or their trademark or your attendance was not connected to your business, it is not a violation of their trademark and you are not required by law to remove the photo.
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