Bouchat v. Baltimore Ravens Ltd, P'Ship, 08-2381 - Intellectual Property Law - U.S. Fourth Circuit
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Bouchat v. Baltimore Ravens Ltd, P'Ship, 08-2381

Bouchat v. Baltimore Ravens Ltd, P'Ship, 08-2381, concerned a challenge to the district court's determination that defendants' depictions of a logo in season highlight films and in the Ravens corporate lobby were fair use, in entering judgment against the plaintiff, in plaintiff's copyright infringement suit against the Baltimore Ravens football organization and National Football League entities for their unauthorized copying of a Ravens team logo, drawn by plaintiff, that was used for three seasons as the team's official symbol.

 

The court reversed in part, because defendants cannot establish a fair use defense for the depictions of the logo in the highlight films, where the logo use is nontransformative and commercial.  The court rejected defendants' claim that plaintiff's request for injunctive relief against these acts of infringement is precluded, and on remand, district court is directed to consider whether an injunction is appropriate.  The court affirmed in part the district court's finding of fair use as to the depictions of the logo in the Ravens corporate lobby, where team history is portrayed, free of charge, 

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