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David Levitt Publishes Article in IP Watchdog Discussing a Recent Court Decision Involving Iconic Michael Jordan "Jumpman" Logo

March 28, 2018

Chicago-based Hinshaw partner David Levitt recently published an article titled "Iconic Michael Jordan Photograph Not Infringed – Ninth Circuit," on IP Watchdog. In the article, Levitt analyzes the Ninth Circuit's decision in Rentmeester v. Nike, Inc, an intellectual property (IP) case involving Michael Jordan—though he was not a party—and Nike's "Jumpman" logo. The plaintiff, photographer Jacobus Rentmeester, had alleged that "Nike's 'Jumpman' logo infringed the copyright of his photograph." The Ninth Circuit ultimately affirmed dismissal of Rentmeester's complaint under Federal Rule of Civil Procedure 12(b)(6).

One of the more interesting things about the decision, according to Levitt, was the court's "explication of the classic copyright concept of the idea-expression dichotomy" and its holding that "the photograph at issue, while not infringed, was entitled to broad protection."

Read "Iconic Michael Jordan Photograph Not Infringed – Ninth Circuit," on the IP Watchdog website (subscription may be required)

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