The following article by Richard Starnes appeared in the Thursday, January 14, 1999 edition of The Ottawa Citizen:-
Executors of Diana, Princess of Wales' will are attempting to obtain a trademark for a three-dimensional image of her face compiled from 52 photographs.
They are making the move, believed to be the first of its kind in trademark history, to protect Diana's image, which already appears on a mass of unauthorized products, many of them considered inappropriate.
Creating a monopoly would also allow them to collect royalties on products carrying her name.
The original application came from the Diana Memorial Fund before being transferred to the executors of her will: Her mother Frances Shand Kydd, her sister Sarah McCorquodale, and Bishop of London Richard Chartres.
Today's issue of New Scientist magazine says if the trademark is allowed, Diana's estate and the fund should be able to stop anyone in Britain from using her likeness unless royalty fees are paid.
Under British law, discussions between applicants and the Trade Marks Registry remain secret. But it is generally understood the executors are attempting to catch people on all 52 images, not on the final 3-D one.
"With a trademark on a two dimensional image they would be able to stop you using the face-on picture of Diana," says David Wray, an Ottawa trademark expert.
"But they couldn't stop you using a top view, a side view, a bottom view or whatever.
"Because they are using 52 images to make up the 3-D one, they seem to be saying 'we will stop you using any of the 52 becauase they are part of the 3-D composite'."
Mr. Wray says that is possible because if you move your around inside a 3-D image, the viewer could be looking at any of the 52 images.
"It's a neat approach," he said.
"They have tried to be creative and say how can we protect the whole Diana image. I mean, it would be hard to imagine they would try to stick a 3-D image on everything as a product [trademark]. It would be impractical. They are trying to nab 52 images all in one go."
To qualify for a registered trademark, applicants must prove the mark is disinctive and will distinguish the owner's goods from any other. New Scientist reports the Trade Marks Registry is warning against an early decision and says lawyers have not yet convinced officials it is possible to create a 3-D trademark from 2-D photographs.
Many 3-D trademarks already exist - like the Rolls Royce radiator grill - but, if accepted, Diana's face would be the first covering broad appearance.
Under British trademark law, anyone can apply for a mark covering Diana's face if that person owns the copyright on the photograph.
A number of British and German companies have applied for exclusive use of hte name Diana for particular products.
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