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"We're appealing to get a clarification"

By Intellectual Property Law, Esq.

Even though, on the whole, he prevailed in his lawsuit against the University of Alabama, sports artist Daniel Moore wants the shutout:

"In a November ruling, Senior District Judge Robert Propst said that Moore's paintings of football players don't infringe on any UA trademark so long as no university symbols or logos are used. However, Propst also said that ... Moore has and will infringe on the UA's copyright when he creates reproductions of his artwork that 'include any University of Alabama football uniforms on mini-prints, mugs, cups, calendars, flags, towels, T-shirts or any other mundane products.'

"Stephen Heninger, Moore's attorney, disagrees. Because Propst ruled that Moore's artwork is protected, that artwork should be able to be transferred to coffee mugs and the like. 'We think it's clear,' Heninger said. 'We own the copyright of the paintings. They're protected, so we have the right to make reproductions. We're appealing to get a clarification.'"

Alabama plays Texas for the national championship Jan. 8.

Full post as published by The Art Law Blog on December 21, 2009 (boomark / email).