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My understanding is that we can take a picture ourselves of this product, indicate that the product has a registered trademark, and sell it on the web, under fair use.
So isn't the product "in the public view" as well?
I don't see how they can stop you from publishing your own photo .. unless they cut off your affiliate arrangement.
I believe you do have to indicate Trademark
just my 2 satang
The manufactuer can't walk into a physical store, and say take their product off your shelves, we don't want anybody looking at it and buying it.
Showing the picture of the product on the web is the digital equivalent of the same thing.
If I buy one of their products and take a photo of it, the product is mine AND the image is mine.
Of course any company can discontinue their affiliate arrangement .. but that is sort of counter-productive for marketing.
Actually, why would a company have an affiliate program is they didn't want to sell their product .. unless the product is being sold in a bad neighborhood? But then they should discontinue the affiliate relationship rather than trying to keep images from being served.
The big problem, is that this product contains TradeMark artwork. Many people have been making fake derivatives of this artwork, and the owner of the artwork does agressively go after these people who are doing this, including going as far as shuting down clipart sites.
In my case im selling legimate and authorized items, and the owner of the artwork get their royalties from the manufactuer, from the profit they get by selling the product to the distributer, and so on up the food chain right to when I sell to the customer.