Last year, an Alabama district court backed Moore’s three-part defense that cited his right to artistic expression, the First Amendment, and fair use.
Twenty-seven other universities joined the legal scrum on appeal to the 11th Circuit, submitting amicus briefs backing the University of Alabama trustees’ contention that football uniforms pass a three-part test for color-scheme trademark protection clarified by the U.S. Supreme Court in Two Pesos Inc. v. Taco Cabana Inc., namely: nonfunctionality; distinctiveness by acquired secondary meaning; and likelihood of confusion.
The forthcoming 11th Circuit opinion could influence which way the tide rolls on the trademark protectability of university color schemes.
Sullivan’s National Law Journal article can be viewed here.
Jeffrey Sullivan’s legal practice focuses on the litigation of patent, trademark, trade secret, unfair competition, and copyright disputes. He also handles negotiation, counseling, and evaluation for patent and other technology transactions, including due diligence for mergers and acquisitions, technology outsourcing, and joint ventures, as well as the negotiation of licenses, purchases, and affiliated agreements relating to intellectual property assets.
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