It's happened again...

[UberBeaver]

Not Bag Man!

"Paper....or Plastic, Wayne Travis - A HA HA HA HA, AH HA HA HA HA!"

 

[hcbiggs2002]

Wayne does not own the right to Bono, only the photo he took, so he cannot do whatever he wants with that pic of Bono unless he has written consent from Bono. Can I take a personal picture of you and place your face along side any slogan and then put the picture in a store without your consent? Look at it from that perspective. What if the photo I took of you was placed on a billboard all over town with a cause attached to it that you don't believe in.

Well, I'm not a big celebrity having my picture taken with perfect strangers! And I understand what your saying, but I still think that unless Wayne was using the photo of himself and Bono and in a way that somehow compromised Bono's or U2s reputation or that it was advertising some illegal or otherwise dodgy cause, that Bono would have a cause to complain, but he's not! As far as I can tell, the poster isn't advertising the store, or even a product but a service and the poster is just serving as an example!! And no, even I wouldn't mind if someone used a pic of me in that sort of context, although sales would probably go down if they did!!

 

[abelives]

Well, I'm not a big celebrity having my picture taken with perfect strangers! And I understand what your saying, but I still think that unless Wayne was using the photo of himself and Bono and in a way that somehow compromised Bono's or U2s reputation or that it was advertising some illegal or otherwise dodgy cause, that Bono would have a cause to complain, but he's not! As far as I can tell, the poster isn't advertising the store, or even a product but a service and the poster is just serving as an example!! And no, even I wouldn't mind if someone used a pic of me in that sort of context, although sales would probably go down if they did!!

Would you feel differently if your child went to a birthday party, had her picture taken with the birthday girl, and then subsequently became a poster to advertise photo services without your permission?

 

[hcbiggs2002]

Would you feel differently if your child went to a birthday party, had her picture taken with the birthday girl, and then subsequently became a poster to advertise photo services without your permission?

Again we're you're talking about a hypothetical that is no where near same the situation in which this photo of Wayne and Bono was taken! I'm sure Bono is well aware of the risks he takes when having his photo taken with fans, all it's part and parcel of the territory of being in the public eye!!

 

[abelives]

Again we're you're talking about a hypothetical that is no where near same the situation in which this photo of Wayne and Bono was taken!

On the contrary, it is exactly the same situation.

A person poses for a private photograph. That photograph becomes a public display. Does that person have any rights over the public display of their image which supersede the photographer's copyright?

 

[hcbiggs2002]

On the contrary, it is exactly the same situation.

Sorry I totally disagree!

A person poses for a private photograph. That photograph becomes a public display. Does that person have any rights over the public display of their image which supersede the photographer's copyright?

Not in my opionion!

Not that my opinion is the one that matters here! Also the legality about this sort of thing might be totally different in England, I know it is here, where if you're gonna have your picture taken with some total stranger on the street, you have absolutely no expectation of privacy or copyright!!

 

[abelives]

Sorry I totally disagree!




Not in my opionion!

And we all know that is the only thing that matters.

 

[Val]

I know in the (US) publishing world you can publish any picture that was lawfully obtained if you either own the rights, or have written permission from those who do.

If I was Wayne, I'd just enjoy it!

 

[Hinder]

Oy. Stupid people. I say weld it on in platinum. Then let's see if they can get it off.

And about that pic - he isn't selling it, so it's likely to be legal. It's just there as an example of the stuff you could probably do at that store. Besides, I doubt Bono would even give a rat's ass. He'd probably put his John Hancock on it if he saw it. A celebrity has different rules than a child at a birthday party. And even then, if the pic isn't location-identifiable, you /might/ have a bit of a chore trying to convinvce a judge that it's harming your child in any way. Really, I don't see anything about that picture to get hypersensitive about.

 

[U2Fanatic4ever]

this is getting ridiculous...

No one is saying that Bono would give a crap about the photo. I think we all can agree that it wouldn't bother him in the least. I think its more of what some other person or organization that could have a problem with it.


WT, I am truly sorry for this thread getting side tracked. Certainly not your intention or anyone else's for that matter.. I know for me, I am so stoked about your experience, pics and all. It's very special to you and I haven't forgotten that. U are a good friend of mine here so don't u ever doubt that!

 

[arw]

Oy. Stupid people.

maybe you'd like to reword that. It's not appreciated.


You all can think what you want regarding the pic of Bono now advertising for Wayne's Staples. It's wrong. Period.

 

[mama cass]

maybe you'd like to reword that. It's not appreciated.


You all can think what you want regarding the pic of Bono now advertising for Wayne's Staples. It's wrong. Period.

yeah i have to say i think it's a bit dodgy using Bono's image in a public place without consent - endorsements, advertising etc. can be a potential minefield

 

[Bonochick]

Debating and discussing this issue is fine. However, we can do without the sarcasm...

And we all know that is the only thing that matters.

...and the insults.

Oy. Stupid people.

 

[Marien]

Just back from Dublin, I haven't had time to read what's going on, but as I told you, Wayne, your name is again there in Hanover Quay alongside mine, I have some pictures too I can post if you want, or if you prefer I can give you my mail adress so I can send them to you privately (sorry I'm not a premium member). You'll tell me.
But really, I wouldn't worry so much, people go there and write their names, sometimes without noticing that some others are there paling under the rain and the sunlight.

 

[U2Fanatic4ever]

wtg Marien! I am sure WT will surely appreciate that.. That was real nice of ya.

 

[gman]

Isnt Bono a registered trademark? My personal view on this is.....i think its wrong as the pic implies that Bono is endorssing this business, which he clearly hadnt agreed to at the time the pic was taken. I wouldnt be suprised if Wayne/Staples were impinging some advertising laws in the UK. Its one thing taking a pic for personal use and another for using in advertising.

 

[Sicy]

I have some pictures too I can post if you want, or if you prefer I can give you my mail adress so I can send them to you privately (sorry I'm not a premium member).

Everyone can use the private message function now.

 

[Carek1230]

Just back from Dublin, I haven't had time to read what's going on, but as I told you, Wayne, your name is again there in Hanover Quay alongside mine, I have some pictures too I can post if you want, or if you prefer I can give you my mail adress so I can send them to you privately (sorry I'm not a premium member). You'll tell me.
But really, I wouldn't worry so much, people go there and write their names, sometimes without noticing that some others are there paling under the rain and the sunlight.

You are an angel, Marien!!

 

[Carrie Anderson]

Gman.... "Isn't Bono a registered trademark?"

Er... no, it's just a name. His name. Otherwise you would see (TM) next to it every time it was written.

Chill out. Bono would not be worried in the slightest and in fact would probably be tickled by Wayne using his pic like that.

You are taking it way too seriously and out of context.

 

[Caroni]

I think hinder was refering to those who take wayne´s name from the door

 

[Jamila]

 

[indra]

Have to agree with sue, arw and U2Fanatic - it's not about anybody being greedy, or Wayne not being able to show his picture. It's about the way big business works and businesses protecting themselves.

His supervisor might have said it was fine, but I would be surprised if he were the one who should really be making that call. As someone who works in a "big business" sort of place myself, legal would probably be involved to say "yay" or "nay" to having that up in one of the stores.

Of course we know that Bono's not endorsing Staples because he took a picture with Wayne, but when it's "big business," these are the types of things that come into play.

No one's trying to slam Wayne or anything, and I doubt anything would happen other than someone from higher up in the company telling them to take down the picture. It just is what it is.

I agree (I've worked for a couple very large companies myself). It's kind of a grey area, but I really doubt much would come of it. If the pic was used on a wider scale (such as in a print ad) there could be problems (although I bet widescale ads are vetted more carefully), but as is I don't think it will be a big deal.

I think hinder was refering to those who take wayne´s name from the door

Yes, that's how I read it too.

 

[blueeyedgirl]

Gman.... "Isn't Bono a registered trademark?"

Er... no, it's just a name. His name. Otherwise you would see (TM) next to it every time it was written.

Chill out. Bono would not be worried in the slightest and in fact would probably be tickled by Wayne using his pic like that.

You are taking it way too seriously and out of context.

Yes it is actually...ATMOSS - Australian Trade Mark Online Search System

 

[onebloodonelife]

Yes it is actually...ATMOSS - Australian Trade Mark Online Search System

All of those instances are owned by Kraft Foods...so unless Bono made a deal with Kraft, I doubt they're related.

Wayne, I hope your name stays up there from now on.

 

[indra]

All of those instances are owned by Kraft Foods...so unless Bono made a deal with Kraft, I doubt they're related.

This is Kraft Foods?

EUROPEAN COMMUNITY
Registered From: 10-AUG-2001
Date of Acceptance: 28-FEB-2002
Acceptance Advertised: 14-MAR-2002
Registration Advertised: 11-JUL-2002
Sealing Date: 24-JUN-2002
Renewal Due: 10-AUG-2011
Class/es: 9, 25, 41
Status: Registered/Protected
Kind: n/a
Type of Mark: Word

Owner/s: Paul Hewson
c/o Principle Mangement,
30/32 Sir John Rogerson's Quay,
Dublin, 2,
REPUBLIC OF IRELAND



Address for Service: SPRUSON & FERGUSON
GPO Box 3898
SYDNEY
2001,NSW


and another one from the United States Patent and Trademark Office:

Word Mark BONO
Goods and Services IC 009. US 021 023 026 036 038. G & S: Pre-recorded video and sound recordings featuring music and musical performances; phonograph records, pre-recorded compact discs, audio tapes and cassettes featuring music and musical performances; pre-recorded video tapes and cassettes featuring music, and musical performances; optical discs bearing musical sound and video recordings; electronic publications downloadable from the Internet in the nature of newsletters and articles in the field of music and entertainment; CD-ROMs and pre-recorded DVDs featuring music, music videos and musical performances; digital music downloadable from the Internet and from MP3 Internet web sites; eye glasses, sun glasses and spectacles; parts and fitting for all the aforesaid goods
IC 025. US 022 039. G & S: Clothing, namely, shirts, t-shirts, polo shirts, sweatshirts, pullovers, fleece pullovers, jackets, fleece jackets, pants, shorts, underwear, footwear, headwear, namely hats, caps and skull caps

IC 041. US 100 101 107. G & S: Entertainment services, namely, live music performances; production of sound recordings and music video entertainment; presentation, production and performance of musical shows, musical concerts and music videos; recording studio services; publication of books, magazines and newsletters, music publishing; on-line publications via the Internet in the nature of newsletters and articles in the field of music and entertainment; sound recording, film and video production and distribution services; providing non-downloadable prerecorded digital music on-line via a global computer network

Mark Drawing Code (1) TYPED DRAWING
Serial Number 76350897
Filing Date December 20, 2001
Current Filing Basis 44E
Original Filing Basis 1B;44D
Published for Opposition May 23, 2006
Registration Number 3128299
Registration Date August 15, 2006
Owner (REGISTRANT) Hewson, Paul AKA BONO INDIVIDUAL IRELAND Principle Management 30/32 Sir John Rogerson's Quay Dublin 2 IRELAND
Attorney of Record DENNIS S. PRAHL
Priority Date July 2, 2001
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE


Also not Kraft Foods.

 

[onebloodonelife]

This is Kraft Foods?

EUROPEAN COMMUNITY
Registered From: 10-AUG-2001
Date of Acceptance: 28-FEB-2002
Acceptance Advertised: 14-MAR-2002
Registration Advertised: 11-JUL-2002
Sealing Date: 24-JUN-2002
Renewal Due: 10-AUG-2011
Class/es: 9, 25, 41
Status: Registered/Protected
Kind: n/a
Type of Mark: Word

Owner/s: Paul Hewson
c/o Principle Mangement,
30/32 Sir John Rogerson's Quay,
Dublin, 2,
REPUBLIC OF IRELAND



Address for Service: SPRUSON & FERGUSON
GPO Box 3898
SYDNEY
2001,NSW


and another one from the United States Patent and Trademark Office:

Word Mark BONO
Goods and Services IC 009. US 021 023 026 036 038. G & S: Pre-recorded video and sound recordings featuring music and musical performances; phonograph records, pre-recorded compact discs, audio tapes and cassettes featuring music and musical performances; pre-recorded video tapes and cassettes featuring music, and musical performances; optical discs bearing musical sound and video recordings; electronic publications downloadable from the Internet in the nature of newsletters and articles in the field of music and entertainment; CD-ROMs and pre-recorded DVDs featuring music, music videos and musical performances; digital music downloadable from the Internet and from MP3 Internet web sites; eye glasses, sun glasses and spectacles; parts and fitting for all the aforesaid goods
IC 025. US 022 039. G & S: Clothing, namely, shirts, t-shirts, polo shirts, sweatshirts, pullovers, fleece pullovers, jackets, fleece jackets, pants, shorts, underwear, footwear, headwear, namely hats, caps and skull caps

IC 041. US 100 101 107. G & S: Entertainment services, namely, live music performances; production of sound recordings and music video entertainment; presentation, production and performance of musical shows, musical concerts and music videos; recording studio services; publication of books, magazines and newsletters, music publishing; on-line publications via the Internet in the nature of newsletters and articles in the field of music and entertainment; sound recording, film and video production and distribution services; providing non-downloadable prerecorded digital music on-line via a global computer network

Mark Drawing Code (1) TYPED DRAWING
Serial Number 76350897
Filing Date December 20, 2001
Current Filing Basis 44E
Original Filing Basis 1B;44D
Published for Opposition May 23, 2006
Registration Number 3128299
Registration Date August 15, 2006
Owner (REGISTRANT) Hewson, Paul AKA BONO INDIVIDUAL IRELAND Principle Management 30/32 Sir John Rogerson's Quay Dublin 2 IRELAND
Attorney of Record DENNIS S. PRAHL
Priority Date July 2, 2001
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE


Also not Kraft Foods.

Whoops, must have missed those. I looked through the first ones that were BONOX on there, and only at the Australian site that was posted.

And, the wink was for sarcasm about him and Kraft Foods.

 

[blueeyedgirl]

Ooops, sorry buggered up that link there, technology is beyond me.

But yes, Bono (TM) is a registered trade mark. He may also be a Kraft product....

 

[sue4u2]

Isnt Bono a registered trademark? My personal view on this is.....i think its wrong as the pic implies that Bono is endorssing this business, which he clearly hadnt agreed to at the time the pic was taken. I wouldnt be suprised if Wayne/Staples were impinging some advertising laws in the UK. Its one thing taking a pic for personal use and another for using in advertising.

I don't think so, now. Name is one thing, but photograph is questionable. Since so many are shown on the internet and other places.
After what Indra posted. No where in there does it mention "image" or photographs. I can't tell if the word/name "Bono" is mentioned anywhere on the poster.
Either way it probably won't cause any problems.

and, I have loved that pic from the first time it was posted.

oh and wouldn't it be awesome if they took the part of the wall with your name on it, and incorporated it someway in their new tower.
You would be infamous.

 

[onebloodonelife]

But yes, Bono (TM) is a registered trade mark. He may also be a Kraft product....

He is cheesy enough sometimes... (Horrible pun)

 

[Carek1230]

cheese