We've been notified that we had to remove/alter a couple of designs on one of our shops, my predecessors had mentioned the word Polaroid in the title, no issue with this and sorted straight away.
Now we're being told that we can't use the shape of the typical Polaroid photo image as this is also trademarked. I've checked and yes it is, trademark No. 014940076.
My question is this. It looks like the people that made some of my designs used this image but the dimensions are slightly different. We also put text on the photo, captions etc. and the above trademark is for a rectangle without text.
I don't want to appear unreasonable and will change any design infringing trademarks no problem but, if the dimensions are different and this become 'another' rectangle surely this takes it outside the scope of the trademark? Does this sound pedantic? Yes, it still has the appearance of being a Polaroid photo I guess, playing devils advocate and I assume that's where they are objecting.
Appreciate advice on this one whilst I await official response :-)