You’d think we could all get along, at least when it comes to remembering 9/11.  This case got started just after September 11, 2001 when artist Dean Baer was inspired to paint a rendering of the U.S. flag.  To make sure the image was used for a good cause he entered into a contract with Scholarship America, which benefitted dependents of attack victims.  The agreement provided that Baer would guarantee donations to the fund and could also use Scholarship America’s trademarks provided he’d gotten written approval in advance.  His draft press release was not approved in time for the first anniversary of 9/11 and he was then informed that a corporation was interested in exclusive use of the image.  Baer agreed before he found out that the corporation was Easy Spirit Shoes and the image was going to be on a hang-tag attached to a shoe.  Baer sued for breach of contract, but the Court held for Scholarship America finding the agreement could have covered shoe tags as well as full-size prints, and shoe buyers were referred to a link where they could buy the full image.  So hang tags will hang tough and shoes instead of shows and clearly the road to help is paved with good intentions.

THIS IS NEIL CHAYET LOOKING AT THE LAW™

Baer Gallery Inc. v. Citizens Scholarship Foundation of America, Inc., No. 05-2620, 6-16-2006, Wollman, J., 450 F. 3d 816 (8th Cir. 2006).

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