Image rejected for IP Issues

[MOVimages]

Dear Adobe Community,

After the first rejection for IP issues, I eliminated some lettering on the shorts and blurred the Adidas logo on the shoe.  I then resubmitted and got another IP rejection.  Can you tell me what might be causing the IP rejection?

Thanks,

Mark

[Nancy OShea]

Did you submit a model release signed by the child's parent or guardian? 

https://helpx.adobe.com/stock/contributor/help/model-release.html

[MOVimages]

Yes.  The picture is actually of a child who is an adult now and signed the release.

[Test Screen Name]

Do you feel that if you worked for Adidas's legal department that it would be impossible to prove that this was an Adidas shoe? It isn't just about logos. Also, Adobe's team might feel the same way about the strip (clothing).

[MOVimages]

I definitely see the logo on the side of the shoe now that everyone has pointed it out.  In regards to IP, in general though, if I am the manufacturer of something, I can always identify my product.  Every manufacturer has there own identifiable design elements like logo, color, material, shape, etc.  People who know cars can identify a car simply by its headlight even without seeing anything other identifiable part of a car.  A logo is an obvious no no (and thanks to everyone for pointing that out), but at what point is something not an IP issue since I am not personally making the clothing, furniture, decorations, etc... appearing in a photo I take. All of these items, unless significantly blurred would be identifiable to the designer/manufacturer.  I understand that a manfacturer's product cannot be the focal point or key element in a photo.  In the case of my particular picture the shoe is not a key element or a focal point of the image, it is just a shoe.  This is an exaggeration to make the point, but can I not have a shoe in my picture unless it is blurred because even without a visible logo or trade mark identification, the manufacturer or a knowledgable person would most likely be able to recognize their product? Again, I understand a logo or trade mark identification is not acceptable in a photo.  Just looking for a better understanding.

Thanks!

[Nancy OShea]

Intellectual Property is fairly straightforward.  If someone else designed it and/or owns it, you need their permission to use its likeness commercially.  Anything  you submit to Adobe Stock has to be unencumbered for commercial use in posters, billboards, TV commercials, Internet ads, promotional materials, products & merchandise, etc... see below.   This protects everyone from possible lawsuits including you.

https://helpx.adobe.com/stock/contributor/help/property-release.html

However, most big companies -- modern car makers, sports teams and product manufacturers are fiercely protective of their brand identity.  In such cases, you would be best to find other subjects to submit to Stock.

[Abambo]

If you have a tractor in green and yellow, it's a John Deere. You can't publish the picture to stock because of this. If you are a big known manufacturer and have a signature design, like the stripes for Adidas, you can't publish this. If people are making clothes with the three stripes, they will hear from Adidas lawyers.

Some counterfeiters are excellent in copying design elements used by one expensive maker, so design elements are part of the protected overall image of a manufacturer. To get that level of protection, however, you need to have a certain reputation. If I start making clothes and my trademark design would be 5 points, that would not disturb anyone, as no one identifies 5 points as Abambo clothing. 😉

See here for a non-exhaustive list: https://helpx.adobe.com/stock/contributor/help/known-image-restrictions.html

And just to say, I'm not here to discuss this list and other items on its merits. When Adobe decides to refuse those, they are refused. I had multiple refusals on IP basis because of the round iPhone button (I needed 3 iterations before acceptance) or a very thin red cross. I'm logo affine and I didn't associate that cross with the Red Cross logo, which is derived from the Swiss flag with the colours exchanged, short thick lines. Well, the moderators refused this, and I needed to photoshop.  After such an experience you start looking for such signs, when you get refusals. It's a matter of education...

BTW: You shouldn't blur logos, you should photoshop them out. That helps a lot avoiding refusals on technical issues.

[Jill_C]

Is the shoe a distinctive design that identifies it as a particular brand? I think you could do a more thorough job of erasing the logo on the tongue of the shoe and the side of the soccer ball, but the small smudge that remains certainly doesn't identify a particular brand...

[RALPH_L]

The three white stripes on the shoes are Adidas logo.

[Abambo]

The three stripes are a distinct design element of Addidas. I did not read your text and immediatly knew the shoes were Addidas. Look into the description for IP refusals. Certain colours, certain forms, certain geometries all may lead to an IP refusal.

If you are new to stock, you should consider these resources: https://helpx.adobe.com/stock/contributor/tutorials.html
Please read the contributor user manual for more information on Adobe stock contributions: https://helpx.adobe.com/stock/contributor/user-guide.html
See here for rejection reasons: https://helpx.adobe.com/stock/contributor/help/reasons-for-content-rejection.html
and especially quality and technical issues: https://helpx.adobe.com/stock/contributor/help/quality-and-technical-issues.html