DSF

We've been notified that we had to remove/alter a couple of designs on one of our shops, my predecessors had mentioned the word Polaroid in the title, no issue with this and sorted straight away.

Now we're being told that we can't use the shape of the typical Polaroid photo image as this is also trademarked. I've checked and yes it is, trademark No. 014940076.

My question is this. It looks like the people that made some of my designs used this image but the dimensions are slightly different. We also put text on the photo, captions etc. and the above trademark is for a rectangle without text.

I don't want to appear unreasonable and will change any design infringing trademarks no problem but, if the dimensions are different and this become 'another' rectangle surely this takes it outside the scope of the trademark? Does this sound pedantic? Yes, it still has the appearance of being a Polaroid photo I guess, playing devils advocate and I assume that's where they are objecting.

Appreciate advice on this one whilst I await official response

I can't believe anyone has been allowed to trademark two bloody blank rectangles! What a stupid world we live in.

Haha, I couldn't agree more. I looked back over Google results a couple of years old and folk were saying the same. They did get the trademark though.

Sorry for this long post but just in case anyone is in any doubt what you CAN'T use two blank, concentric rectangles for, here's the list -


Goods and Services (the trademark is registered for the following goods and services)

Class 9 : Cell phones; Smartphones; Smartphones in the form of a watch; Cameras; Image scanners; Projectors; Printers; Telematic apparatus; Telematic terminal apparatus; Cell phones; Telephones; wired; USB [universal serial bus] operating software; USB flash drives; Blank USB cards; blank Universal Serial Bus (USB) flash memory drives; Apparatus for the reproduction of sound; Video players; Television decoders; 3D scanners; Television standards converters; Modulators; Loudspeakers; DVD players; Digital media players; Alarms; Card reading equipment; Wireless transmission sets (radios); Microphones; Navigational instruments; Satellite navigational apparatus; Hard discs; Data storage media; Memory cards; Batteries; Chargers for electric batteries; Lighting ballasts; Light-conducting filaments; Light diodes; Light-emitting electronic pointers; Safety signals [luminous]; Flashing safety lights; Fuses; Junction boxes [electricity]; Junctions [electrical]; Junction sleeves for electric cables; Video game cartridges; Camera lenses; Computer software for organizing and viewing digital images and photographs; Computer software applications, downloadable; Magnifying lenses (optics); Magnifying glasses; Photographic lenses; Monoculars; Binoculars; Telescopes; Microscopes; Periscopes; Power connectors; Electrical adapters; Software drivers; Camera tripods; Pouches for photographic apparatus; Cases for photographic lenses; Flashlamps for cameras; Lenses (optical-); Close-up lenses; Camera filters; Optical filters; Camera filters; Plug adaptors; Lens hoods for photographic lenses; Display screen protectors in the nature of films for mobile phones; Global Positioning System [GPS] apparatus; Global positioning instruments; Remote control apparatus; Remote controls; Headphones; Loudspeakers; Mouse mats; Electronic publications, downloadable; Connection cables; Cases adapted for mobile phones; Cases for cameras (photography); Covers (Shaped -) for computers; Cameras (Bags adapted or shaped to contain -); Cases adapted for photographic equipment; Interface network modems; Telephone receivers; Transmitter receivers; Television receivers; Mobile data receivers; Audiovisual receivers; Computer docking station; Optical character readers; Optical condensers; Optical data carriers; Optical discs; Optical fibers; Optical glass; Optical lanterns; Optical lanterns; Directional compasses; Mirrors [optics]; Lenses for astrophotography; Magnetic tape drives; Magnetic disk drives; Optical data storage drives; Floppy disk drives; Optical disk drives; Night vision goggles; Divers' masks; Welding masks; Eye protection; Spectacles [optics]; 3D spectacles; Three dimensional viewers; Stereoscopic apparatus.

Class 25 : Clothing; Headgear; Tops [clothing]; Neckties; Footwear; Socks; Trousers; Jackets[clothing]; Shirts; Tee-shirts; Coats.

Class 40 : Printing; Digital on-demand printing services of books and other documents.

Polaroid made all its money by suing Kodak over its instant film offering.
Once they had spent it they went broke ....

They have history of protecting stuff legally .... what a world!

They went bust because they didn't keep up with technology. Every one and their brother went digital, except Polaroid!

Polaroid got a small resurgence with hipster old skool types. It's still a good idea, but photographs are disposable these days.

I got a warning from zippo. I didn't use their name or even insinuate anything to do with them.I was selling personalised petrol flip lighters (how i described it) & i got a takedown notice from some women from zippo who said i infringed on their trademark! the only thing i can think of is the actual shape is trademarked-like the coke bottle,can't think of anything else.Seems a bit extreme though.

Polaroid have complained to a few sellers on NOTHS about this, although not all it seems.

I know that is not the case here, but people should be aware that you can get an email which says "we will act on (insert name here) behalf as we believe you are using a trademark name" they then offer you a fee to settle - these companies are often based around the Cheshire area, and the emails should be dealt with quickly, and with no reply by putting them in - your spam bin. It is the wording We Will act on