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Culture

by Mike Masnick

Mon, Dec 21st 2009 2:14pm




Filed Under:
alabama, daniel moore, painting, trademark, university of alabama


Artist Barred From Selling His Own Artwork For Daring To Promote University Of Alabama Football Feats

from the this-makes-no-sense dept

I could have sworn we wrote about this case earlier, but I'm searching around and can't find the post. It involves Daniel Moore, a painter and fan of the University of Alabama's football team. Given both those things, he's been painting portraits of some of the team's biggest achievements. Now, you might think that any normal person (or university) would be thrilled that its fans had taken things to the level of painting artistic portraits of the team's greatest moments. What a wonderful statement. Not the University of Alabama, however. It sued Moore for infringement. And while a court found that there's no trademark infringement if no Alabama logos are shown in the paintings, it also said that, even as such, he was barred from selling merchandise (like calendars) based on his paintings. Robert Ring points out that Moore is appealing the ruling, pointing out (reasonably) that if the paintings themselves don't infringe, it seems pretty damn hard to see why merchandise based on those same non-infringing painting would be barred. I'm even confused why there's an issue if the paintings had included Alabama logos. By that logic, any photographs that include a team logo would potentially be infringing as well, which makes no sense. But the biggest issue is why this is even an issue at all. The University should be thrilled that someone is helping promote their team the way Daniel Moore is.

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  •  
    identicon
    Anonymous Coward, Dec 21st, 2009 @ 2:32pm

    Alzheimer's & Dementia are closely related.

    "I could have sworn we wrote about this case earlier, but I'm searching around and can't find the post."

    Who is this "WE" you speak of? I'm pretty sure you are the only person who posts stories around here.


    For more information, please visit AlzheimersAndDementia.org and also talk to your doctor. Together, we can find a good treatment plan for you.

     

    [ reply to this | link to this | view in chronology ]

    •  
      icon
      :Lobo Santo (profile), Dec 21st, 2009 @ 2:38pm

      Re: Alzheimer's & Dementia are closely related.

      (Hello coward, welcome to the interwebz)

      First, you're an ignorant schlub who obviously has trouble paying attention. Don't feel too bad though, you're just one of many (cowards and/or schlubs, pick two).

      Second... no, I guess the first one sums it up nicely.

       

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      •  
        icon
        Dark Helmet (profile), Dec 21st, 2009 @ 2:40pm

        Re: Re: Alzheimer's & Dementia are closely related.

        Aw, c'mon, I actually thought that was rather funny....

         

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        •  
          icon
          :Lobo Santo (profile), Dec 21st, 2009 @ 2:49pm

          Re: Re: Re: Alzheimer's & Dementia are closely related.

          A tad, but we all know there's more than one writer for this site (unless I'm horribly misled and Mike has several aliases [aliasi?])...

           

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          •  
            icon
            Chris in Utah (profile), Dec 21st, 2009 @ 4:31pm

            Re: Re: Re: Re: Alzheimer's & Dementia are closely related.

            Lawl. I thought the "we" implied he doesn't operate in a vacuum. As he has pointed out in last weeks post about submitting stories.

            But hey who am I to read too much into something?

             

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      •  
        identicon
        Anonymous Coward, Dec 21st, 2009 @ 2:49pm

        Re: Re: Alzheimer's & Dementia are closely related.

        Nice, Well, I'll remember this comment when your pet comes back.

         

        [ reply to this | link to this | view in chronology ]

        •  
          icon
          :Lobo Santo (profile), Dec 21st, 2009 @ 2:57pm

          Re: Re: Re: Alzheimer's & Dementia are closely related.

          Nothing personal; I just like to pick on cowards when they've uttered an inaccuracy.
          ; P

           

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          •  
            identicon
            known coward, Dec 22nd, 2009 @ 5:55am

            Re: Re: Re: Re: Alzheimer's & Dementia are closely related.

            Maybe he is queen of england, and "we" is refferring to the "royal we", kinda like elton john.


            My serious comment will follow.

             

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  •  
    identicon
    Anonymous Poster, Dec 21st, 2009 @ 3:02pm

    University of Alabama, meet bad press.

    Bad press, meet University of Alabama.

    Yuo two play nice now.

     

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  •  
    identicon
    Anonymous Coward, Dec 21st, 2009 @ 3:36pm

    Poor alabama, first losing to Texas for the NC and now this...

     

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  •  
    icon
    Ross Nicholson (profile), Dec 21st, 2009 @ 3:51pm

    Cure for Alzheimer's

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    •  
      icon
      Esahc (profile), Dec 21st, 2009 @ 4:16pm

      Re: Cure for Alzheimer's

      WTF?

       

      [ reply to this | link to this | view in chronology ]

    •  
      identicon
      Anonymous Coward, Dec 21st, 2009 @ 4:17pm

      Re: Cure for Alzheimer's

      You better watch it. Posting these types of spammy comments is the type of thing the spam filter "learns" from.

       

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      •  
        icon
        Dark Helmet (profile), Dec 21st, 2009 @ 4:35pm

        Re: Re: Cure for Alzheimer's

        "You better watch it. Posting these types of spammy comments is the type of thing the spam filter "learns" from."

        Unless of course the SPAM filter has been infected with Trojan-Downloader.Win32.Alzheimers.d in which case it forgot the spam ever came calling...

         

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  •  
    icon
    shmengie (profile), Dec 21st, 2009 @ 3:58pm

    it's seems like every day now...

    there's some new school/government/business to boycott/hate. you think i'd be immune by now, but every day, techdirt gives me whiplash from shaking my head in disbelief.

     

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  •  
    icon
    lavi d (profile), Dec 21st, 2009 @ 4:52pm

    Another Day Another Outrage

    To my everlasting glee, the internet has caused confusion, anger and terror for anal-retentive, small-minded officials, bureaucrats and businesspeople everywhere.

    Their public flailing and thrashing about is truly enjoyable and I find myself checking TechDirt every ten minutes or so anticipating the next amusingly intemperate outburst.

    I am mostly annoyed by people who feel they must maintain absolute control of every particle of their little fiefdoms, and so their frequent tantrums and lamentations are a joy to my heart.

    Merry Christmas, Happy New Year and Keep 'em comin', Mike!

     

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  •  
    identicon
    The Anti-Mike, Dec 21st, 2009 @ 6:58pm

    Same answer as always...

    The decision of getting promoted should be up to the university, not to random people. If the University doesn't approve, the discussion should end there.

     

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    •  
      identicon
      Big Al, Dec 21st, 2009 @ 7:53pm

      Re: Same answer as always...

      Which is why we must all go around wearing a permanent gag in case we say something that offends our corporate overlords...

       

      [ reply to this | link to this | view in chronology ]

    •  
      identicon
      TDR, Dec 21st, 2009 @ 8:02pm

      Re: Same answer as always...

      Sorry, but no. People are going to use content how THEY want to use it, regardless of anyone's attempt to force them to do otherwise. Smart businesses and individuals learn to take advantage of it and use it to further promote what they do.

      Idiots and dinosaurs, on the other hand, operate under the delusion that they have absolute control over every microscopic thing they can get their hands on. Trying to do that is about as smart as strapping a jet engine onto your car and trying to fly.

      Despite your comments to the contrary, Anti-Mike, you ARE a shill, simply by virtue of your blanket disagreement with every single story that is posted here. Disagreement without thought dominates you. One way or another, you've been bought. Not necessarily by money, and not even necessarily knowingly. But you've bought into the sad, outdated beliefs of the dinosaurs. Which makes you a shill. And an empty puppet.

       

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  •  
    icon
    johnjac (profile), Dec 21st, 2009 @ 8:36pm

    Mike, Good news you aren't going crazy

    Here is the story you were thinking of
    http://delta.techdirt.com/articles/20091106/0057036818.shtml

    Almost the same story in. Just replace Alabama with Texas, and Football team with buildings.

     

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  •  
    identicon
    matt, Dec 22nd, 2009 @ 6:02am

    Hook Em

    Would love to say Texas would never do something like this... but they are notorious when it comes to protecting the "brand." Including the color burnt orange.

     

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  •  
    identicon
    known coward, Dec 22nd, 2009 @ 6:05am

    i wonder if the alumni object

    to the stupidity of the school. This does not reflect well on them.

    Let's see the painter is an alabama fan, he is painting pictures glorifying alabama football. Oh yes lets put a stop to that, we do not want to generate any bad will by allowing our fans and supporters to paint football. (even if they had the right to stop them, what rational thought in their brains make them think exercising that right would be a good idea).


    I always had too basic thoughts on how to conduct a business

    1. Do not piss off your customers unnecessarily
    2. Do not get in the way of your customers giving you money.



    They should offer the guy a calendar deal of their own, commission him to paint Alabama football, and put that in the calendar along with shots of the team into the calander.

     

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  •  
    identicon
    Anonymous Coward, Dec 22nd, 2009 @ 7:31am

    As a loyal techdirt reader from the state of Alabama (don't know how many of us there are), I can tell you that Daniel Moore paintings are famous and larger ones are quite valuable. His paintings have made his name generally recognizable and he has been doing this long enough to become a part of Alabama football tradition. So it's a bit stunning to see the university do anything but embrace him and his work.

     

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  •  
    icon
    Almost Anonymous (profile), Dec 22nd, 2009 @ 7:47am

    """
    But the biggest issue is why this is even an issue at all.
    """

    Mike, I'm surprised. You of all people should know that when the question begins with "why" the answer is almost always "money". You've wrote about this very phenomena, and it *is* quite fascinating. Even if party A would never have done the work itself, that party will fight tooth and nail to prevent party B from somehow profiting off party A's "fame", whatsoever that fame might encompass. They just don't recognize intangible benefits like good will. "Look at that, that jerk is makin' a buck offa me!"

     

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  •  
    icon
    mhenriday (profile), Dec 27th, 2009 @ 3:42pm

    May I ask what the Hell

    universities are doing in the sports business in the first place ?... Henri

     

    [ reply to this | link to this | view in chronology ]


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