GoPro waves the DCMA at a review done by

Started Mar 22, 2013 | Discussions thread
Sante Patate Veteran Member • Posts: 5,908
They are all too serious.

KBurns wrote:

They are registered trademarks. Some companies defend their registered trademarks quite vehemently. There is one US importer that will not knowingly allow you to use their registered trademark if and when you try to sell a used item you own that carries their registered trademark. They search ebay continuously to prevent this supposed trademark infringement.

Selling a used item does not infringe trademark rights.  Extinction by first sale has been US law for decades. Of course, that applies only to a photograph of the item for sale or a written description of it; using the trademark in a way that could imply that the seller is a representative of the manufacturer is and always has been infringement.

Unfortunately, successive US administrations have strengthened the law to protect the "rights" of IP owners, both domestically and internationally.  Some examples are just silly, like allowing Apple to patent "A square box with rounded corners".  Other are malicious, like data exclusivity in the pharmaceutical industry (to put that in photographic terms, it means that if you own a Canon camera and the manual contains helpful information about, say, exposure metering, it would breach Canon's copyright to use that information when you were photographing with a Nikon camera).

It is not surprising that in this climate we are seeing attempts by IP owners to push the boundaries of law and erode the rights of purchasers, whether to re-sell products, to modify them, review or comment on them - as in the Go Pro case - or use them in new work (

Everyone needs to take these cases seriously, and resist extension of IP rights.  The camera companies are watching, and it is not a large step from where we are now to manufacturers claiming that second-hand sales and third-party lens and accessory use are illegal, and to requiring purchasers to make on-going payments to retain the right to use a camera.

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