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

Authors: Thurheimer, T. (Todd);

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

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.

Country
Indonesia
Related Organizations
Keywords

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

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  • 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
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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).
BIP!Citations provided by BIP!
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.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Related to Research communities
Digital Humanities and Cultural Heritage