The UNIVERSITY OF ALABAMA BOARD OF TRUSTEES, Plaintiff-Counter-Defendant-Appellee,
v.
NEW LIFE ART, INC., Daniel A. Moore, Defendants-Counter-Claimants-Appellants.
The University of Alabama Board of Trustees, Plaintiff, Counter Defendant, Appellant,
v.
New Life Art, Inc., Daniel A. Moore, Defendants, Counter Claimants, Appellees.
United States Court of Appeals, Eleventh Circuit.https://leagle.com/images/logo.png
June 11, 2012.
June 11, 2012.
Attorney(s) appearing for the Case
Stephen D. Heninger , Heninger Garrison Davis LLC, Birmingham, AL, for Defendants-Counter-Claimants-Appellants.
Mark McKenna , Notre Dame, IN, for American Society of Media Photographers, Inc., University of Arkansas, Auburn University, Boise State University, Intellectual Property Law Professors, Amici Curiae.
Before MARTIN and ANDERSON, Circuit Judges, and SCHLESINGER, District Judge.
United States Court of Appeals, Eleventh Circuit.
ANDERSON, Circuit Judge:
Since 1979, Daniel A. Moore has painted famous football scenes involving the University of Alabama (the "University" or "Alabama"). The paintings feature realistic portrayals of the University's uniforms, including helmets, jerseys, and crimson and white colors. Moore has reproduced his paintings as prints and calendars, as well as on mugs and other articles.
In 2002, the University told Moore that he would need permission to depict...
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