At Long Last – Victory for Daniel Moore in his TM Fight
The Tuscaloosa News reports that Daniel Moore’s fight against the University of Alabama for his use of trademarks in his paintings of the University’s football scenes does not infringe the University’s rights. Check my January 6, 2006, blog for the background on Moore’s fight since March 2005. The court determined that:
“[Moore’s] depiction of the uniforms in the paintings is incidental to the purpose and expression of the paintings; that is, to artistically depict and preserve notable football plays in the history of University of Alabama football.”
While this is great news for Moore and for artists, it doesn’t mean that photographers may use trademarks freely. The judge added in his opinion that there is a “total distinction between fine artist creations’ and cards, T-shirts, cups, mugs, posters, mini prints, calendars and other items.” He added that “This court’s opinion approves only paintings and prints treated as art without the use of symbols, logos, etc. of the University of Alabama depicted thereon.” The court’s Order and Exhibits provide more information.
The University of Alabama may appeal this order. Nevertheless, Daniel Moore and his attorneys are to be congratulated for their work, dedication, and success.
Thanks to Steve Sasser for submitting this update.Check Photo Attorney on Lynda.com, in the Lynda.com Article Center, and on Twitter!