The company behind Trump Watches prominently features an iconic image of the presidential candidate on its timepieces. There’s one big problem: It’s not allowed to.
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According to the Associated Press, though, TheBestWatchesonEarth LLC advertised a product it can’t deliver, as that image is owned by the 178-year-old news agency. This week, the AP told WIRED it is pursuing a cease and desist against the LLC, which is registered in Sheridan, Wyoming. (The company did not reply to a request for comment about the cease and desist letter.)
Evan Vucci, the AP’s Pulitzer Prize–winning chief photographer, took that photograph, and while he told WIRED he does not own the rights to that image, the AP confirmed earlier this month in an email to WIRED that it is filing the written notice. “AP is proud of Evan Vucci’s photo and recognizes its impact,” wrote AP spokesperson Nicole Meir. “We reserve our rights to this powerful image, as we do with all AP journalism, and continue to license it for editorial use only.”
Political speech has stronger 1A protection than commercial speech and one could argue for a ‘fair use’ exemption. Strong enough to win on its merits? I don’t know – I’m not an IP lawyer, probably not. Strong enough that a well-funded legal team could get a federal judge, hesitant to make a ruling certain to be criticized as ‘election interference,’ to delay a decision until after the election when the signs are all being taken down anyway? I think so.