Current Events

Crimson and White IP

by on March 23, 2012 @ 1:22 pm · 0 comments

in IP Law

There are plenty of David vs. Goliath cases in the world of Intellectual property but the case of Daniel Moore versus the University of Alabama looks to be a decided mismatch.  You see, Daniel Moore is an artist who specializes in painting scenes from Crimson Tide football games.  The University sued Moore seven years ago arguing that it has exclusive rights to its trademark which includes the crimson and white uniforms of the players depicted in the artist’s paintings.

The university believes Moore must buy a license in order to paint, display and sell his  Crimson Tide football art and has spent $1.4 million in legal fees so far battling the pigskin painter, who graduated from Alabama in 1976.   And while the artist sees his work as a form of loyalty to his alma mater, University of Alabama officials, during a meeting in 2002, demanded he pay an 8 percent royalty for both new work and everything university-related he had done since 1979.

Moore and other artists say they have free speech rights to create these images.  On the other side of the argument is the Collegiate Licensing Company.  A spokeswoman for the company told the New York Times the overall retail market for collegiate licensed products is valued at $4.3 billion a year, less than 1 percent of which is in the “art category.”

[Keep reading…]

{ 0 comments }

Because of pressure from the People for the Ethical Treatment of Animals (PETA), HBO abruptly cancelled “Luck,” a new series centered around the horse racing industry.  The series stars Dustin Hoffman, who also is Luck’s producer, along with David Milch and Michael Mann.  Fans of “Deadwood,” will recognize Milch as the creator of that amazing show.  Mann of course was the mastermind behind “Miami Vice.”

Luck’s producers did not use stock racing footage for its horse racing scenes.  The series used 50 horses, trained by Matt Chew at Santa Anita. PETA claims the series used past-their-prime, out-of-shape  thoroughbreds and were reportedly running them twice a day during filming.  Whether that was the cause of the three horse fatalities or is not really known (the death of the third appears to have been a freak accident), but PETA has been on Luck’s back since 5-year old Outlaw Yodeler died during filming last year.

Of course plenty of animals die to feed the cast and crew on the set of most movies and TV shows and PETA is nowhere to be found, as The Onion satirized so neatly back in 2004, in its “Many Animals Harmed In Catering of Film.”

[Keep reading…]

{ 1 comment }

“A debate on ESPN about Kobe being in that “Call of Duty: Black Ops” commercial, holding a rifle, convinced me of two things…” ~ First Tweet

“…One, ESPN has a lot of retarded debates about issues that are less than important.” ~ Second Tweet

“…Two, I watch too much ESPN.” ~ Third Tweet

My previous blog rant about a sports figure—regarding the LeBron Decision and the wrath it wrought—opened with this line, “I have an admission to make…” Here we go again.

I have another admission to make, this time about the Tweets I posted, as shown above.  I was wrong about ESPN.  They don’t debate about issues that are less than important, well, not in the way I originally opined.  (That those debates remain somewhat retarded is not similarly incorrect.)  This issue is not only important, but also emblematic of and intertwined with many other issues.  In fact, it dawned on me as I watched a panel discussion on “Outside the Lines: First Report,” that the Kobe-holding-a-rifle-in-a-commercial issue is both important and confusing.  By the way, the coverage, particularly on Yahoo, is worth checking out.

This issue is—these issues are—important because the discussion of black men—particularly prominent black men—and weapons, is tied up in the same psychological murkiness that I attempted to clarify via the lens of racist gun control.  The issue is confusing because any discussion seems to meander through any number of sub-issues, some germane and some peripheral, at best.  (As an aside, my third admission via Tweet, that I watch too much ESPN, is hardly worth debating.  It is what it is.)

That professional sports are fraught with racist collectivism is far from a discovery.  Furthermore, these issues are not new, which is probably why they tend to recur.  Given the exorbitant coverage of celebrity in the MSM, any time a prominent black man makes news, it presents an excellent opportunity to drive viewership.  Paraphrasing the old quote from It’s a Wonderful Life about angels and ringing bells, every time a high-profile black man does anything even remotely newsworthy, a budding TV producer gets his wings.

My own view is that the enchantment with these issues—and their presentation via sports television—is indicative of more than a sports-centric misinterpretation of value.  Plaxico Burris is in jail in some measure because he is a high-profile black athlete.  I might argue that Mike Vick went to jail for much the same reasons.  Not to put too fine a point on it, but “uppity Negros” have been getting whipped in America for about as long as there has been an America.  (I know.  I know.  Again, that’s unfair.)  Ergo, figuratively whipping them via the court of ostensible public opinion via sports entertainment is a tried-and-true strategy.

[Keep reading…]

{ 1 comment }