June 23rd, 2015

Court Rejects Rentmeester’s Infringement Claim Over Nike “Jumpman” Logo

© Jacobus "Co" Rentmeester

Rentmeester’s 1984 photograph of Michael Jordan for Life magazine. © Jacobus “Co” Rentmeester

A federal court in Portland, Oregon has dismissed photographer Jacobus “Co” Rentmeester’s copyright infringement claim against Nike for the same reason so many “copycat” infringement claims fail: Copyright law doesn’t protect ideas, only the expression of those ideas. And Nike’s expression was not “substantially similar” to Rentmeester’s, the court ruled.

“Mr. Rentmeester has failed to show that he can satisfy the requisite objective test for copyright infringement,” US District Judge Michael W. Mosman wrote in his decision last week to dismiss the case. Rentmeester has filed papers announcing his intent to appeal the decision to the US Court of Appeals for the Ninth Circuit. (more…)

March 18th, 2015

Nike Seeks Dismissal of Photog Rentmeester’s Copyright Claim over “Air Jordan” Logo

© Jacobus "Co" Rentmeester

Co Rentmeester sued Nike in January for unauthorized use of this 1984 image to create the “Jumpman” logo used for decades to promote Nike’s Jordan brand.  © Jacobus “Co” Rentmeester

The Nike shoe company has asked a federal court to dismiss photographer Co Rentmeester’s copyright claim over the iconic logo used on Jordan brand sneakers and clothing, on the grounds that the Nike logo is substantially different from Rentmeester’s photo of former basketball star Michael Jordan.

Rentmeester says the company illegally created its so-called “Jumpman” logo from a photograph Rentmeester shot in 1984. Nike, which has used the logo for more than 25 years, called Rentmeester’s claim “baseless.” The company is accusing Rentmeester of trying to claim a monopoly on images of Jordan’s trademark slam-dunk move. And Nike argues that its iconic logo copied none of the “protectable” elements of the Rentmeester photograph–ie, camera angle, lighting, background and other elements of expression that are protected by US Copyright law.

The alleged "Nike copy" of Rentmeester's 1984 image.

The alleged “Nike copy” of Rentmeester’s 1984 image.

Rentmeester filed his copyright infringement claim in January in US district court in Portland, Oregon. He alleged that Nike had based its “Jumpman” logo on an image made by the company that illegally copied Rentmeester’s 1984 photo. Rentmeester had made his image for Life magazine. His image, the Nike “copy” image and the Nike logo all depict Jordan in a move for which he was famous: sailing through the air on his way to slam dunking a basketball.

Nike had temporarily licensed the Rentmeester image in 1984. Rentmeester alleges that Nike copied the image while it was in the company’s possession. He also says Nike paid him $15,000 in 1985, after he complained Nike was infringing his photograph by plastering the “Jumpman” logo all over billboards and posters promoting Air Jordan sneakers. The payment allowed for use of the image for two years in North American markets only, according to Rentmeester’s claim, but Nike has continued to use it ever since. (more…)

October 27th, 2014

PDN Video: Marcus Smith on How to Develop Your Brand Identity

Marcus Smith, Part 2: How to Develop Your Brand Identity from PDNOnline on Vimeo.

In a previous PDN Video, advertising photographer Marcus Smith explained how he used personal work to land his dream clients. After winning his first few commercial assignments, though, Smith decided he needed a stronger brand identity to maintain momentum. In this video, he explains how he figured out the right brand message for his business, communicated it to a designer, and got a professional-looking brand identity on a tight budget.

Smith will speak at Photo Plus Expo on a panel called “PDN’s 30: Strategies for Young Working Photographers” on Saturday, November 1 at the Javits Convention Center in New York City. Others speaking on the panel include Dina Litovsky, Greer Muldowney, Keren Sachs, and Tony Gale. For complete details about Photo Plus Expo seminars and events, see the Photo Plus Expo website.

PDN Video: Marcus Smith on How to Attract the Clients You Want

September 24th, 2014

PDN Video: Marcus Smith on How to Attract the Clients You Want

Marcus Smith: How to Get Hired by the Clients You Want from PDNOnline on Vimeo.

When photographer (and sports fan) Marcus Smith stopped assisting to go out on his own, he wanted to shoot for Nike and other national athletic brands. But he was an unknown photographer with almost no sports photography in his portfolio. So he took some wise advice that his mother gave him about how to succeed in business, started a personal project, and soon had assignments from Nike and its subsidiary Jordan Brand. Busy with advertising assignments ever since, Smith explains how he got the attention of the clients he wanted.

Personal Work That Lands Assignments: Marcus Smith (for PDN subscribers)

August 7th, 2013

Photog Who Shot Image for Nike’s “Bo Knows” Ad Campaign Unleashes Lawsuits on Infringers

Richard Noble's 1987 portrait of baseball and football star Bo Jackson. ©Richard Noble

Richard Noble’s 1987 portrait of baseball and football star Bo Jackson. ©Richard Noble

Photographer Richard Noble has reached a tentative settlement with Nike over a copyright infringement claim, filed a second infringement claim against various t-shirt vendors, and is preparing to file new claims against other infringers in the coming weeks, according to his attorney, Edward Greenberg.

All of the claims allege unauthorized use of an iconic image of athlete Bo Jackson, which Noble shot in 1987. The photograph became the poster image for a legendary ad campaign called “Bo Knows” that helped turn Nike into the leading athletic footwear brand.

“Mr. Noble has not licensed this image to anybody for any purpose in some 20 years,” says Greenberg.

Noble sued Nike in June, and was seeking unspecified damages for multiple unauthorized uses of the Bo Jackson image. Nike’s alleged infringement dated back to 2007.

Greenberg declined to discuss the terms of the settlement agreement with Nike, which is still pending, or explain why Noble waited until June 2013 to sue Nike for infringements that took place as long as six years ago. But court papers suggest Noble wasn’t aware of them until more recent infringements led him to suspect past infringement, and search for them.

According to the claim he filed against Nike, Noble was contacted by ESPN and Nike last fall for permission to use the image of Bo Jackson for various projects. ESPN wanted to use it in a documentary film about Bo Jackson, while Nike wanted it for unspecified marketing campaigns, and the company told Noble it wanted to buy “all rights” to the image.

Noble declined both requests, and asked Nike for more details about how they wanted to use the image, so he could propose a fee for a limited license. Nike told Noble in late 2012 they were eager to start using the image, but Noble told the company in mid January 2013 to “hold off” pending a license agreement to be determined, according to the lawsuit. He also told Nike explicitly that he would not agree to a “buy out” of the image.

Then, on January 23, 2013, Noble discovered that Nike had already started using the image. According to Noble’s lawsuit, the company admitted it had distributed the photo on Facebook and Twitter, and had provided it to ESPN for use in the network’s promotion of the documentary film about Bo Jackson.

The lawsuit said that Noble then discovered that a number of other companies had used the image in promotions of Nike products. Those other companies include Steiner Sport Memorabilia, Major League Baseball, Sneaker Bar Detroit and Nice Kicks. Noble alleged in his lawsuit that Nike provided the image to those companies, and authorized them to use it without Noble’s permission.

In addition, Noble discovered that Nike had used the image in various ads and promotions for its products in 2007, 2009 and 2012 without his permission.

Noble says in his claim that he has asked Nike for a full accounting of its past uses of the image, and uses by other companies that were facilitated by Nike (i.e., for which Nike provided the picture and told those third parties it was OK for them to use the image).

He has also told Bo Jackson himself to stop using the photo as an autograph handout because he has not authorized Jackson to do that, according to the lawsuit.

Noble is planning to file copyright infringement claims against other companies besides Nike who have used his Bo Jackson image without permission, Greenberg told PDN.

So far, only one other claim has been filed. That claim, against Blank Shirts Inc and a number of other t-shirt sellers. According to the claim, Noble discovered in June that the companies were using the Bo Jackson image on t-shirts for sale through various Web sites. Noble is seeking unspecified damages from the defendants in that case.

Greenberg says he will file a third lawsuit next week against other companies who have used Noble’s image of Bo Jackson without permission. Other lawsuits could follow that, he said.