Appeals court revives suit over Ravens’ first logo

Posted: 3:26 pm Thu, September 2, 2010
By Danny Jacobs
Daily Record Legal Affairs Writer

A federal appeals court has revived part of an amateur artist’s long-running quest to be compensated for the Baltimore Ravens’ original logo.

In a 2-1 decision, the 4th U.S. Circuit Court of Appeals reversed a federal judge who threw out Frederick Bouchat’s latest lawsuit against the Ravens, the National Football League and other businesses for using the “Flying B” logo in highlight films from the 1996, 1997 and 1998 NFL seasons.

Bouchat owns the copyright to the Flying B logo. The defendants had argued their use of the logo in the films was “historical,” part of documenting the three seasons. But the appeals court disagreed, finding the films could not be considered a fair use of the copyrighted art.

“While the films no doubt add to the historical record of Ravens play, the use of the logo in those films simply fulfilled its purpose of identifying the team,” Michael wrote. “The logo continues to fulfill its purpose whenever a highlight film is shown.”

The panel threw out Bouchat’s attempt to stop the Ravens from displaying the logo in photos and memorabilia in their lobby, finding that use was fact-based and without a commercial purpose.

Bouchat, a Baltimore security guard, drew the logo in 1995 and later faxed it to the Ravens and Maryland Stadium Authority, asking for an autographed helmet and a letter if his design were used. A similar drawing was revealed in June 1996 as the team’s official symbol.

Bouchat sued the Ravens and the NFL in May 1997. A federal jury found in favor of Bouchat on copyright infringement charges in 1998, a decision upheld by the 4th Circuit. The Ravens abandoned the logo following the 1998 season as a result of the lawsuit, which the U.S. Supreme Court declined to hear in 2001.

In 2002, a jury in the damages phase awarded Bouchat no money, and the Supreme Court let the award stand.

A separate suit by Bouchat to collect royalties from several hundred NFL licensees who sold products featuring the logo also proved unsuccessful.