University of Alabama Board of Trustees v. New Life Art, Inc.

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 the University’s uniforms because they are trademarks. Moore contended that he did not need permission because the uniforms were being used…