Daniel Moore is probably better known to real Alabama football fans than most men who either coached or played at the University with the exception of Paul Bryant, Gene Stallings, Joe Namath and even the current coach, Nick Saban. I suspect most real followers of the Crimson Tide have one of Daniel Moore’s paintings or at least a print. A federal judge has ruled that the artist did not violate trademark laws by painting scenes of University of Alabama football without licensing the work through the school. The University sued Moore in 2005, alleging that he painted scenes of Crimson Tide football games without permission and reissued licensed prints without paying royalties. Moore denied violating trademark laws and claimed his art is speech protected by the U.S. Constitution.
U.S. District Court Judge Robert Propst, in an opinion issued on November 2nd, rejected the University’s argument that Moore’s paintings showed “trade dress.” Judge Propst said the depiction of uniforms is incidental to the purpose of the paintings. The ruling has been hailed as a huge victory for artists. Frankly, I believe the correct result was reached by the Court and hopefully this matter will end. Hopefully, I haven’t offended all of my Bama buddies!
Source: Associated Press
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