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High court won’t referee dispute over Michael Jordan images
Court Watch |
2019/03/21 17:12
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The Supreme Court said Monday it won’t step in to referee a copyright dispute between Nike and a photographer who took a well-known image of basketball great Michael Jordan. That means lower court rulings for the athletic apparel maker will stand.
Photographer Jacobus Rentmeester sued Nike after it used an image he took of Jordan in the 1980s as inspiration for a photograph it commissioned for its own ads. The company’s photo, which was used on posters and billboards, then became the basis for the “Jumpman” logo for Nike’s Air Jordan shoes. Rentmeester sued Beaverton, Oregon-based Nike in 2015 saying both the Nike photo and logo infringed on his copyright image.
Rentmeester’s original photo of Jordan was taken for Life magazine in 1984, while Jordan was a student at the University of North Carolina. It shows Jordan holding a basketball in his left hand and leaping, ballet-like toward a basketball hoop. At the time, Jordan was preparing for the upcoming Summer Olympics, which were being held in Los Angeles. In the photo, Jordan is wearing the U.S. Olympic team uniform.
Both Rentmeester’s photo and Nike’s photo involve a basketball hoop at the right side of the image and were taken from a similar angle. Jordan’s pose is similar in both photos. But in the Nike photo, Jordan is wearing the red and black of the Chicago Bulls, which he joined in 1984, and the Chicago skyline is the background. One other difference: In Rentmeester’s photo, Jordan is wearing Converse.
Rentmeester cried foul, argued that the differences between his photo and Nike’s were “minor,” and said that nearly every original element in his photo also appeared in Nike’s. Lower courts ruled for Nike.
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Ohio Republicans defending state congressional map in court
Court Watch |
2019/03/11 10:46
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Attorneys for Ohio Republican officials will call witnesses this week to defend the state's congressional map.
A federal trial enters its second week Monday in a lawsuit by voter rights groups that say the current seats resulted from "an unconstitutional partisan gerrymander." Their witnesses have included Democratic activists and voters who have expressed frustration and confusion with districts that have stayed at 12 Republicans, four Democrats, since they were drawn ahead of the 2012 elections.
Attorneys for the Republican officials being sued say the map resulted from bipartisan compromise, with each party losing one seat after population shifts in the 2010 U.S. Census caused Ohio to lose two congressional seats.
Among potential GOP witnesses is former U.S. House Speaker John Boehner (BAY'-nur) of West Chester, Ohio. |
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Case about indigent drivers and drivers' licenses in court
Court Watch |
2019/03/09 10:46
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A federal court judge will hear motions in a lawsuit over a North Carolina law that mandates the revocation of drivers' licenses for unpaid traffic tickets even if the driver can't afford to pay.
Advocacy groups sued in May, seeking to declare the law unconstitutional. A hearing will be held Wednesday in Winston-Salem on motions for a preliminary injunction and class certification.
The judge also will consider a motion by the defendant, the commissioner of the Division of Motor Vehicles, for a judgment in his favor.
The American Civil Liberties Union and other groups sued on behalf of indigent residents facing license revocation or whose licenses have been revoked.
They're asking that a judge declare the law unconstitutional, saying it violates due process rights under the 14th Amendment. |
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Supreme Court rules for Alabama death row inmate
Court Watch |
2019/03/06 10:57
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The Supreme Court is ordering a new state court hearing to determine whether an Alabama death row inmate is so affected by dementia that he can't be executed.
The justices ruled 5-3 on Wednesday in favor of inmate Vernon Madison, who killed a police officer in 1985. His lawyers say he has suffered strokes that have left him with severe dementia.
Chief Justice John Roberts joined the court's four liberals in siding with Madison.
The high court ruling is not the end of the case. Justice Elena Kagan says in her majority opinion that, if the state wants to put Madison to death, an Alabama state court must determine that Madison understands why he is being executed.
The justices have previously said the constitutional ban on cruel and unusual punishment means that people who are insane, delusional or psychotic cannot be executed.
But Kagan, reading a summary of her ruling, said, "Based on our review of the record, we can't be sure that the state court recognized that Madison's dementia might render him incompetent to be executed."
Justices Samuel Alito, Neil Gorsuch and Clarence Thomas, who last year would have allowed the execution to proceed without hearing the case, dissented. Justice Brett Kavanaugh was not yet on the court when arguments took place in early October. |
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Dominion to ask Supreme Court to hear pipeline appeal
Court Watch |
2019/03/01 10:58
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Dominion Energy said Tuesday it will ask the U.S. Supreme Court to hear its appeal after a lower court refused to reconsider a ruling tossing out a permit that would have allowed the Atlantic Coast Pipeline to cross two national forests, including parts of the Appalachian Trail.
Lead pipeline developer Dominion said it expects the filing of an appeal in the next 90 days. On Monday, the 4th U.S. Circuit Court of Appeals rejected a request for a full-court rehearing from Dominion and the U.S. Forest Service.
A three-judge panel ruled in December that the Forest Service lacks the authority to authorize the trail crossing and had "abdicated its responsibility to preserve national forest resources" when it approved the pipeline crossing the George Washington and Monongahela National Forests, as well as a right-of-way across the Appalachian Trial.
The 605-mile (974-kilometer) natural gas pipeline would originate in West Virginia and run through North Carolina and Virginia.
The appellate ruling came in a lawsuit filed by the Southern Environmental Law Center on behalf of the Sierra Club, Virginia Wilderness Committee and other environmental groups. The denial "sends the Atlantic Coast Pipeline back to the drawing board," the law center and Sierra Club said in a joint statement on Monday. |
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