Recent searches
Search options
Is anyone aware of case law / settlements (in the USA or elsewhere, just curious) about copyright/trademark infringing tattoos?
People get fan-art tattoos all the time and most of the time the rights owner doesn't care... but under some circumstances, they might.
Obviously they could try to go after the artist, that's a "standard" copyright/trademark infringement case.
But what about the infringing work that is now part of your body?
The three plausible ways it could play out (assuming it is is ruled an infringement and not fair use/parody but then the question is moot) that I can think of are:
1) Court says "sorry, nothing we can do"
2) Court issues an injunction demanding that you cover the tattoo when out in public so nobody can see it
3) Court orders you to have it removed
2 seems like a bit of an overreach but might happen, while 3 seems like it would step on bodily autonomy enough (given the painful nature of the procedure) that it would be unlikely to happen / survive appeal.
So I'm wondering, has this actually ever ended up in court?
@azonenberg 2) is the case in Germany in case you feel like having a swastika tattoo or other symbols forbidden by law - generally only Nazi stuff.
@azonenberg
My mate is a tattoo artist (UK). She knows of cases where they've been told to take flash art down where it infringes on the studio's trademarks but they've never been told to not tattoo infringing designs. Neither has she heard of anyone in trouble for having one.
Needless to say this is the UK where we're not as sue happy as the US.