The Associated Press has sent a cease-and-desist letter to an obscure Wyoming wristwatch company for using one its iconic images without authorization. The image in question is the famous photo that AP photographer Evan Vucci took of a blood-spattered Donald Trump raising his fist following an assassination attempt that took place at his July 13 campaign rally in Butler, Pennsylvania. Despite its lack of rights in the image, TheBestWatchesonEarth LLC – the business entity behind former President Donald Trump’s recently announced watch brand, “Trump Watches” – has made use of the photo in its marketing materials to illustrate what is etched on the back of one of the watches, according to the AP.
The AP, which holds the copyright in the image, confirmed in a statement to Wired that it has put TheBestWatchesonEarth on notice of the alleged infringement, and stated that it “is proud of Evan Vucci’s photo and recognizes its impact. An AP spokesperson further stated, “We reserve our rights to this powerful image, as we do with all AP journalism, and continue to license it for editorial use only.”
The watches – which TheBestWatchesonEarth says are the result of “a paid license agreement” with Trump and are “not political and have nothing to do with the political campaign” – are being sold for between $499 and $1,000, and are marketed with various Trump-related slogans and phrases. The “Fighter” model, the watch at the center of the budding copyright clash, is currently being offered up for $499.
Sheridan, Wyoming-based TheBestWatchesonEarth is advertising multiple versions of the “Fighter” model on its website, many of which are listed as sold out. According to the watch company’s website, “[t]he FIGHT FIGHT FIGHT Watch captures President Trump’s relentless fighting spirit” and is “complete with the President’s signature and name.” A disclaimer on the site, which clarifies that “Trump Watches are not designed, manufactured, distributed or sold by Donald J. Trump, The Trump Organization, or any of their respective affiliates or principals,” also emphasizes that “the images shown are for illustration purposes only and may not be an exact representation of the product.”
In addition to potentially facing liability for copyright infringement, TheBestWatchesonEarth may also find itself on the receiving end of false advertising-centric causes of action in connection with its marketing of the watches as “Swiss-Made.” Specifically, the website touts the watches as “featuring premium, Swiss-Made materials.” Yet, at least one news site has questioned whether the watches actually have Swiss origin, or more specifically, whether they are in line with Swiss law, which mandates that products must meet certain standards in order to be labeled as “Swiss.”
A representative for TheBestWatchesonEarth was not immediately available for comment.
THE BIGGER PICTURE: Trump, himself, is no stranger to copyright snafus. In September, the rock band the White Stripes claimed that Trump’s unauthorized use of “Seven Nation Army” in his campaign’s ads constitutes a “flagrant misappropriation” of their copyright-protected song. The former president has also faced at least two other lawsuits over his unauthorized use of copyright-protected music at campaign rallies and/or in campaign videos that did not turn out well for the campaign. A federal court in Atlanta barred him from using “Hold On, I’m Coming,” a song co-written by the late Isaac Hayes, whose estate sued Trump for copyright infringement. At the same time, a federal court in New York sided with musician Eddy Grant in his lawsuit over Trump’s use of the song “Electric Avenue.”
The former president also raised eyebrows earlier this year over his launch of a collection of footwear, including red-soled sneakers.
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