"I hope this clears things up"

$150 logo design contest. 51 entries.

5 star entry is identified as being used by another company. Image is a photograph from istock photo.

Designer claims that he has "bought the picture from ISTOCK with license to use in this competition".

Contest holder comment

Um, we have a problem here. Another creative, impressed with your work, thinks the picture of the box isn't yours. They told me to look at [link] and, amazingly, it looks like the same box with the same shadows... um... please advise.

Designer comment

That other creative would be correct. It is not mine. The photograph comes from a gentleman named [photographer name]. He is and exclusive photographer for ISTOCK photo. I bought the picture from ISTOCK with license to use in this competition. I can't speak for [other user], but I would imagine they probably did the same. Hope this clears things up.

Buyer selects the logo containing an istock image as the winning entry. The image is still available on istock photos' website.

As part of their standard licensing conditions, istock photo does not permit ANY images to be used as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;

(a) Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section or permitted by an Extended License. For greater certainty, the following are “Prohibited Uses” and you may not:...

4. use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;

http://www.crowdspring.com/projects/graphic_design/logo/77_weekly_newsletter/gallery/77_weekly_version_4