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Crimson Chaos: Sports Team Trademarks in Artwork and the Functionality Doctrine
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.
- Neliti Indonesia
Arts and Entertainment, Licensing, Indonesia, Fair Use, Merchandise, Alabama University, Paintings, Trademark, Merchandising Right, Functionality, Donald Moore, Sports
Arts and Entertainment, Licensing, Indonesia, Fair Use, Merchandise, Alabama University, Paintings, Trademark, Merchandising Right, Functionality, Donald Moore, Sports
citations This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).0 popularity This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.Average influence This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).Average impulse This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.Average citations This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).0 popularity This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.Average influence This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).Average impulse This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.Average Powered byBIP!