A federal appeals court is set to hear arguments in the trademark infringement case between sports artist Daniel Moore and the University of Alabama, whose football program is portrayed in a number of his works.
They present their cases to the U.S. 11th Circuit Court of Appeals in Atlanta on Thursday.
The university filed suit in 2005 alleging that Moore violated trademark law in painting scenes from football games by showing Crimson Tide players in their crimson and white uniforms without permission.
The suit also contends that Moore reissued previously licensed prints without paying royalties.
A federal judge's ruling in 2009 found that Moore's paintings and prints were protected but that other items ? like coffee mugs ? weren't. Both sides appealed.
"The University of Alabama believes the court ruled correctly when it found that Daniel Moore and his company engaged in activities that infringe on the University's trademarks," university spokeswoman Deborah Lane said in a statement. "While we regret the necessity of having to involve the courts in this matter, the lawsuit was necessary since UA must protect the value and reputation of our trademarks, name, colors, indicia and logos, by determining who uses them, as well as when and how they are used."
Moore denied violating trademark laws and said his art constitutes free speech protected by the U.S. Constitution.
Source: http://www.clickthelaw.com/1143
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