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

from the this-makes-no-sense dept

Mon, Dec 21st 2009 2:14pm — Mike Masnick

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

28 Comments

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Anonymous Coward, 21 Dec 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.
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- :Lobo Santo (profile), 21 Dec 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.
  [ link to this | view in chronology ]
  - Dark Helmet (profile), 21 Dec 2009 @ 2:40pm
    
    Re: Re: Alzheimer's & Dementia are closely related.
    Aw, c'mon, I actually thought that was rather funny....
    [ link to this | view in chronology ]
    - :Lobo Santo (profile), 21 Dec 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?])...
      [ link to this | view in chronology ]
      - Chris in Utah (profile), 21 Dec 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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  - Anonymous Coward, 21 Dec 2009 @ 2:49pm
    
    Re: Re: Alzheimer's & Dementia are closely related.
    Nice, Well, I'll remember this comment when your pet comes back.
    [ link to this | view in chronology ]
    - :Lobo Santo (profile), 21 Dec 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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      - known coward, 22 Dec 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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Anonymous Poster, 21 Dec 2009 @ 3:02pm

University of Alabama, meet bad press.

Bad press, meet University of Alabama.

Yuo two play nice now.
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Anonymous Coward, 21 Dec 2009 @ 3:36pm

Poor alabama, first losing to Texas for the NC and now this...
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Ross Nicholson (profile), 21 Dec 2009 @ 3:51pm

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- Esahc (profile), 21 Dec 2009 @ 4:16pm
  
  Re: Cure for Alzheimer's
  WTF?
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- Anonymous Coward, 21 Dec 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.
  [ link to this | view in chronology ]
  - Dark Helmet (profile), 21 Dec 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...
    [ link to this | view in chronology ]
shmengie (profile), 21 Dec 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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lavi d (profile), 21 Dec 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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The Anti-Mike, 21 Dec 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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- Big Al, 21 Dec 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...
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- TDR, 21 Dec 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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johnjac (profile), 21 Dec 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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- 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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  - ISeemToRecall, 23 Dec 2009 @ 6:56am
    
    Re: Re: Mike, Good news you aren't going crazy
    I think that you may be remembering a dispute that arose over paintings of Bear Bryant. I will see if I can dig up the reference.
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    - ISeemToRecall, 23 Dec 2009 @ 6:58am
      
      Re: Re: Re: Mike, Good news you aren't going crazy
      Here it is:
      http://www.techdirt.com/articles/20061113/003159.shtml
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matt, 22 Dec 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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known coward, 22 Dec 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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Anonymous Coward, 22 Dec 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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Almost Anonymous (profile), 22 Dec 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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mhenriday (profile), 27 Dec 2009 @ 3:42pm

May I ask what the Hell
universities are doing in the sports business in the first place ?... Henri
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