Intellectual Property example: Trademark and Copyright

On May 4, 2012 by curator

Here is a hypothetical example, for educational purposes only.

Suppose a client had the following image below and wanted to use it to advertise a new online business selling candy. The client thinks that by using a photograph she took during a family vacation, everything should be fine.

She thereafter receives a cease and desist notice from the Hershey Company legal department.

Panicked, but being a self-starter interested in solving her own problems, she finds a website http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm that looks like someone from Harvard wrote it.

What should she do?

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