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

683 F.3d 1266 (11th Cir. 2012)

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Nature of the Case

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Facts

D has painted famous football scenes involving the University of Alabama. The paintings feature realistic portrayals of the University's uniforms, including helmets, jerseys, and crimson and white colors. From 1979 to 1990, D did this without any kind of formal or informal relationship. From 1991 to 1999, D signed a dozen licensing agreements to produce and market-specific items, which would often include additional Alabama trademarks on the border or packaging or would come with a certificate or stamp saying they were officially licensed products. From 1991 to 2002, D produced other Alabama-related paintings and prints that were not the subject of any licensing agreements. He continued to sell paintings and prints of images that had originally been issued before 1991. He did not pay royalties for any of these items, nor did P request that he do so. D has reproduced his paintings as prints and calendars, as well as on mugs and other articles. In 2002, P told D that he would need permission to depict the uniforms because they are trademarks. D claimed that he did not need permission because the uniforms were being used to realistically portray historical events. During this time P sold D's unlicensed calendars in its campus stores for several years. It also displayed unlicensed paintings at its Bryant Museum and athletic department office. P sued D for breach of contract, trademark infringement, and unfair competition. After discovery, both sides moved for summary judgment. The district court granted summary judgment to D on the paintings and prints, and to P on the calendars, mugs, and other 'mundane products.' Both parties appealed.