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09.03.2005 available in german

Trademark News

Do Nike Adverts exploit Copyright of Tattoo ? Artist sues Basketball Professional

Rasheed Wallace, basketball player with the Detroit Pistons, advertises Nike basketball shoes. That has upset Mathew Reed from Portland (Oregon) of TigerLilly Tattoo and Design Works. An advert shows Wallace with a rather obvious tattoo which is prominently displayed on his upper arm. And as the tattoo stems from the hand of Reed, the question of copyright is rearing its head.

The tattooist wants both the termination of the adverts as well as payment of compensation. To this end, he has now placed a complaint before the U.S. District Court.

Martin Barmers from the magazine “Tattoo Spirit” in discussion with Markenbusiness did not assume that a similar complaint would occur in Germany in the foreseeable future. “In Germany, up till now, there have been no similar cases. Apart from that, this area has its own laws. It appears to be a real grey zone. So far, the publicizing of tattoos has always been tolerated.”

As reported on www.detnews.com , the basketball player had paid 450 US Dollars for the tattoo in 1998. It is to be concluded from the complaint that Wallace was to have declared to Nike and the advertising agent Wieden and Kennedy the possession of the rights to intellectual property either by himself or shared with the tattooist.

In order to win the action, the tattooist must still clear a few hurdles. The tattoo must be a work capable of being copyrighted. He was not allowed to grant a license because of the payment. Additionally, in spite of the clear provenance, he must be entitled to the copyright by virtue of the actual motive. Reed would possess better cards if only he had registered a trademark or a template.

rmb / tos

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