United States Fourth Circuit

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Bouchat v. Baltimore Ravens Ltd, P'Ship, 08-2381

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, district court's determination that defendants' depictions of the logo in season highlight films and in the Ravens corporate lobby were fair use, in entering judgment against the plaintiff is reversed in part, affirmed in part and remanded where: 1) 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, district court's judgment on this matter is reversed; 2) defendants' claim that plaintiff's request for injunctive relief against these acts of infringement is precluded is rejected and on remand, district court is directed to consider whether an injunction is appropriate; and 3) 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, is affirmed.

Appellate Information

  • Argued 12/04/2009
  • Submitted 09/02/2010
  • Decided 09/02/2010
  • Published 09/02/2010

Judges

  • <a href="http://pview.findlaw.com/view/1936638_1">MICHAEL</a>

Court

  • United States Fourth Circuit

Counsel

  • For Appellant:
  • <a href="http://pview.findlaw.com/view/1321949_1">Howard J. Schulman</a>, <a href="http://pview.findlaw.com/view/2586909_1">Robert Lloyd Raskopf</a>