Crimson Chaos: Sports Team Trademarks In Artwork And The Functionality Doctrine

Todd Thurheimer

Abstract


Alabama University has sued artist Daniel Moore for trademark infringement over his use of the university's team colors and other indicia in his artwork. The Court of Appeals for the 11th Circuit will be releasing a decision soon. This paper asserts that the inclusion of sports team trademarks in artwork is a functional use. Therefore, in addition to fair use and 1st amendment defenses, the functionality doctrine of trademark law protects such artists from being held liable for trademark infringement.

Keywords


Arts and Entertainment, Sports, Trademark, Functionality, Merchandising Right, Fair Use, Donald Moore, Alabama University, Paintings, Merchandise, Licensing.

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JICLT is a member of the Directory of Open-Access Journals (www.doaj.org). ISSN: 1901-8401.