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.

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

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  1. icon
    Mike Masnick (profile), 21 Dec 2009 @ 10:11pm

    Re: Mike, Good news you aren't going crazy

    Heh. No, I found the Texas building story. But I distinctly remember the Alabama football story. Even remember the paintings.

    At this point, I'm guessing that it was a story I had open for a while, and then eventually gave up after a couple months in which I never got around to writing it up. It happens.

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