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The 27 universities disagree with Propst's ruling that college colors are weak marks and not functional, according to their request for an amicus brief. The common thread among the schools is the use of colors to identify themselves nationally, and each has staff devoted to licensing how those colors are marketed and sold, attorneys for the universities wrote.
not involved in the lawsuit, yet interested in its outcome.
Moore is arguing his work depicts an Nike Air More Uptempo Release Dates 2016
27 schools back Bama in trademark suit
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The following are the universities requesting to file an amicus brief in support of the University of Alabama:
But Propst also ruled Moore infringes on Alabama trademark when he sells paintings on mugs, cups, calendars, flags, towels, T shirts or any other mundane products without licensing them through the university.
At the center of the issue, Propst dismisses Alabama's assertion that painting Crimson Tide football violates trademark because the uniforms and their colors are not protected.
Moore's attorney, Stephen Heninger, said he is not worried about universities piling on his client, and said he expects an amicus brief from other sports artists on behalf of their peer.
27 schools back Bama in trademark suitBy Adam JonesDaniel Moore's painting Crimson Tradition shown above commemorating Alabama's 37 21 win over in the national championship.
(Alabama), many (of the 27 universities) have experienced unlicensed use of their marks. The [27 universities] therefore have trademark interests similar to those of (Alabama,) wrote attorneys Louis Pirkey and Susan Hightower from Austin, , for the schools.
Alabama sued Moore for trademark violations in March 2005, alleging he painted scenes of Crimson Tide football games without permission from the university and reissued previously licensed prints without paying royalties. The university is seeking back pay for more than 20 paintings and wants Moore to license any future paintings. Constitution. District Court Judge Robert Propst sided with Moore on the larger issue of the case in November, ruling he did not violate trademark laws by painting scenes of Crimson Tide football without licensing the work through the university. He rejected Alabama's argument that the football team's uniform and colors are iconic enough to trump First Amendment rights in fine art.
is Constitutionally protected, and the universities did not mention the First Amendment in their brief, he said.
All members of the Southeastern Conference except the University of Tennessee and State University are part of the 27 schools who asked July 1 that justices allow them to argue in an amicus brief alongside Alabama in the five year old case. Amicus briefs are often filed in a case appeal by those Nike Air More Uptempo Olympic 2016
Alabama is seeking royalty payments from some of those items in its suit, and Moore appealed that part of Propst's ruling to the 11th Circuit Court in December.
Moore said that part of the ruling was a win Nike Air More Uptempo Varsity Red/Black-white for him and other sports artists.
not overwhelmed by this, Heninger said. makes nothing to this appeal because none of those universities have an artist like Daniel Moore. We're not talking about T shirts. We're talking about fine art.
amicus brief is desirable because the resolution of the issues raised in this case not only affect these particular parties, but may have a broad and significant impact on universities and other trademark owners, wrote attorneys for the universities in a request to file an amicus brief before the 11th Circuit Court of Appeals.
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