If photographs are digitised as an online resource, what would be the potential issues relating to trademark?
• The rules governing trademarks are legislated under a separate Act to those governing copyright etc.; • “Passing off” could be an issue particularly with regards to the context of the use; • If commercial products, like postcards, include trademarks, there might be a real issue of infringement; • However, non-commercial activities such as educational use are unlikely to be an issue; • In all cases, there is a need to deal with the issues pragmatically.
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- If photographs are digitised as an online resource, what would be the potential issues relating to trademark?