Sunday, November 12, 2006

All your colors are belong to us, part II

A few months ago I noted a lawsuit in which the a US district court upheld a university's assertion of trademark ownership over the use of certain combinations of colors on clothing, even when the university itself was not actually named. At the time, I wondered how long it would be until the universities' grasping legal departments tried to expand their ownership of colors.

Until now, apparently. The U. of Alabama has filed suit to prevent a sports artist from depicting a well-known moment in its sports history, on the grounds that the artist is not permitted to reproduce their trademarked color scheme of crimson and white.

Sports Artist Sued for Mix of Crimson and Tide
(NY Times)

I can't help but be leery of large institutions, or any other entity, that seek to prohibit depiction or commentary on public events by invoking trademarks. What's next -- a ban on news photographs that "violate trademark" by including a banner or football uniform in a trademarked color scheme, or some well-known campus landmark? A total ban on any references to the institution at all, except for those scripted by the PR department?

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