University of Alabama Board of Trustees v. New Life Art, Inc.
United States Court of Appeals for the Eleventh Circuit
683 F.3d 1266 (2012)
For decades, artist Moore (defendant) created and sold paintings, prints, and calendars depicting University of Alabama football games, sometimes under licensing agreements with the University but predominantly without one, and also placed his images on mundane products like mugs; the University of Alabama Board of Trustees (plaintiff) sued under the Lanham Act over unregistered trade dress in the University's colors, uniforms, and helmet designs. The district court granted summary judgment for Moore on the paintings and prints but for the University on the calendars, mugs, and other mundane products, and both parties appealed.
Whether artistically expressive uses of trademarks are protected under the First Amendment and will not be held to violate the Lanham Act, provided that the use of the trademark has artistic relevance to the work and the work does not explicitly mislead as to its source.