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Other research product . 2012

Crimson Chaos: Sports Team Trademarks in Artwork and the Functionality Doctrine

Thurheimer, T. (Todd);
Open Access
English
Published: 01 Jan 2012
Publisher: International Association of IT Lawyers
Country: Indonesia
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.

Subjects

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

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Digital Humanities and Cultural Heritage
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Neliti
2012
Providers: Neliti
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