[LargeFormat] Re: Tips on Architecture photographs

[Tim Atherton]

from a web search:

> I live and photograph out here in Lone Cypress land. I photographed the
> Lone Cypress in 1989 for use in our regional books. I use it as the cover
> of one of our books.
>
> We were threatened legal action by Pebble Beach who used some big name law
> firm in Washington DC to send me "we're going to clean you out because you
> are infringing our trademark."
>
> I immediately learned everything I could about trademark and did a
> trademark search on the Lone Cypress and all derivations. Nada! And in
> there ad's, they use "Lone Cypress R " which, of course, is illegal. You
> cannot claim a "registered" trademark when you actually don't have one.
> None were applied for, and their original application was "abandoned."
>
> I gave the threats over to the ASMP legal council who did all of my
> answering for me. Basically the ASMP told Pebble Beach to "go pound sand."
> Whether or not PB was actually going to take it to court was based on the
> R&R HOF case. Had Chuck Gentile lost, PB would probably have pursued it.>
But Chuck won and PB went away (rock and roll hall of fame case) . And PB
has since been purchased back from
> the Japanese by Clint Eastwood and friends. It is now a more friendly
place.
>
> During the time when all artists were hassled, the local folks (Monterey
> Peninsula) hated PB and did not patronize them. This is bad publicity. Bad
> publicity spreads fast. I think Clint and friends know this.
>
> The reason they won't let you take "professional" photographs of the Lone
> Cypress is because that is the only way they have of protecting it. It is
> private property and they can control all uses of the property. But they
> cannot keep artists from using photographs, drawings, etc of the rock and
> tree, in saleable artwork.
>
> A lot of the PB restrictions I feel are left over from the previous
owners.
>


and

http://www.midreal.com/Pages/Articlecoastweekly.html


Based on the Gentile/Hall of fame case they would be hard pressed to win if
they actually took it to court