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It Sure Looks Like Trump Watches Are Breaking Copyright Law

WIRED reported that AP objected to an image based on Evan Vucci’s photograph advertised on the “Fight Fight Fight” Trump watch and was pursuing a cease-and-desist notice. The available reporting does not establish a court ruling or the outcome of AP’s effort.
Estimate4–5 min Catalogued SpecialistWatchRanker Team
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The “Fight Fight Fight” watch was advertised with an image based on Associated Press photographer Evan Vucci’s photograph of Donald Trump after the Butler, Pennsylvania, shooting attempt. AP told WIRED it owned the photograph, licensed it for editorial use only, and was pursuing a cease-and-desist notice against the marketer; the available sources do not establish a court ruling or the later outcome of that effort.

That makes this a reported copyright dispute, not a proven finding of infringement. The key questions are what image was used or manufactured on the watch and whether the use was authorized; the watch’s commercial sale alone does not answer them.

What is the reported dispute?

WIRED reported on October 18, 2024, that The Official Trump Watch Collection advertised the “Fight Fight Fight” model with an image on its rear based on Vucci’s photograph. AP spokesperson Nicole Meir told WIRED that AP reserved its rights and continued to license the image for editorial use only. WIRED also reported that AP was pursuing a cease-and-desist notice against TheBestWatchesonEarth LLC.

Vucci told WIRED that he does not own the photograph’s rights. The public reporting identifies AP as the rights holder but does not establish whether the seller had any authorization to use the photograph on merchandise. Read WIRED’s report.

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Meir said: “AP is proud of Evan Vucci’s photo and recognizes its impact. We reserve our rights to this powerful image, as we do with all AP journalism, and continue to license it for editorial use only.” This statement was quoted in WIRED’s October 18, 2024 report.

What does copyright law say?

Under 17 U.S.C. §106, a copyright owner has exclusive rights that include reproducing a work, preparing derivative works, distributing copies, and publicly displaying the work, subject to statutory limits. Those rights provide a framework for examining the reported watch design; they do not by themselves prove that this product infringed copyright.

Fair use under 17 U.S.C. §107 is assessed using four factors: the purpose and character of the use, including whether it is commercial; the nature of the copyrighted work; the amount and substantiality used; and the effect on the work’s potential market. A product marketed for sale is commercial, but that fact alone does not decide fair use. Nor does a photograph’s newsworthiness or the public-figure status of its subject automatically settle the analysis.

Section 113(a) addresses reproducing pictorial, graphic, or sculptural works in or on an article. Section 113(c) concerns certain depictions of lawfully reproduced useful articles in advertising, commentary, or news reporting; it does not, on its face, decide whether a watch reproduces a protected photograph. No court determination applying these provisions to the “Fight Fight Fight” watch appears in the sources reviewed.

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What is known—and what remains unknown?

Question What the reporting establishes What it does not establish
Who claims rights to the photograph? WIRED reported AP’s position that it owns the photograph; Vucci told WIRED he does not own its rights. The complete terms of any private agreement or the photograph’s registration status.
What was advertised? WIRED reported that the “Fight Fight Fight” model was advertised with an image based on the photograph on the rear. Whether a delivered or manufactured watch used precisely the same image or how closely it reproduced the protected expression.
Did AP object? AP said it reserved its rights, licensed the photograph for editorial use only, and was pursuing a cease-and-desist notice against TheBestWatchesonEarth LLC. Whether the effort led to a lawsuit, settlement, withdrawal, or another public resolution.
Was infringement established? The reporting describes an objection and enforcement effort. No court finding or definitive public outcome was established by the sources reviewed.
Does the allegation apply to every model? WIRED reported the image on the “Fight Fight Fight” model and described the Victory Tourbillon as having a clear exhibition caseback. The allegation should not be generalized to every watch in the collection.

WIRED reported prices ranging from $799 to $100,000 for Fight Fight Fight and Victory Tourbillon products at the time of its October 18, 2024 article. These are historical reported prices, not verified current prices or an independent market survey.

How should readers interpret the claim?

Keep the claims distinct: a license to use Trump’s name or likeness would not, by itself, establish permission to reproduce a photograph owned or controlled by AP. The public reporting does not disclose the scope of the seller’s private licensing arrangements, so it cannot establish whether any such agreement covered the photograph.

The central factual issue is what visual material the product actually used and how it relates to the protected photograph. Copyright owners’ rights, possible statutory limits such as fair use, and the facts of the particular use all matter. A reported cease-and-desist effort is not a court judgment.

The U.S. Copyright Office says a U.S. work generally must be registered before an infringement lawsuit can be brought in federal court. That general rule does not establish whether AP’s photograph was registered. For background, see the Copyright Office’s copyright information.

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FAQ

Did a court rule that the Trump watch broke copyright law?

No court ruling appears in the sources reviewed. WIRED reported AP’s objection and cease-and-desist effort, but did not establish a judicial finding of infringement.

Who owns the photograph used in the watch marketing?

WIRED reported that AP said it owned the photograph and that photographer Evan Vucci told WIRED he does not own its rights.

Does a Trump name-and-likeness license prove the photograph was licensed?

No. The public reporting does not show that a license for Trump’s name or likeness included authorization to reproduce AP’s photograph.

Does selling the watch automatically make its use infringement?

No. Commercial purpose is one part of the fair-use analysis under 17 U.S.C. §107, which requires consideration of four factors. The sources reviewed do not resolve how those factors apply to this specific watch.

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Is the same photograph allegation reported for every Trump watch model?

No. WIRED’s report centers on the “Fight Fight Fight” watch. It described the Victory Tourbillon as having a clear exhibition caseback, so the allegation should not be applied to the entire collection without evidence.

Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.

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