Sports Artist and University of Alabama Continue Battle in Trademark Lawsuit

10 Feb

Prior to 2000, sports artist Daniel Moore worked with the University of Alabama to draw images commemorating various univeresity teams, most notably football players in crimson and white uniforms.  In 2000 the university and Moore broke ties and in 2005 Moore was sued by the university.  The university sought to prevent Moore from selling posters made from his paintings without obtaining a license from the university.  The university also challenged his use of the images on various items including coffee mugs and t-shirts.

The university alleged Moore infringed on university trademarks by depicting the football teams recognizable uniform and logo.  Moore countered the trademark infringement claim by arguing the paintings and items containing the images were protected under the First Amendment.  In 2009 a federal judge ruled his paintings were protected under the First Amendment but prohibited him from selling the image on the coffee mugs and t-shirts without obtaining a license from the university.

Both parties appealed and on February 7, 2012 the case was presented to the 11th Circuit Court of Appeals in Atlanta.  To view the full article from The Washington Post, follow this link.

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