Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 24, Issue 20
Share on Social
Thanksgiving Football Tradition with a side dish of Copyright Infringement
By Kristyn Webb
In the US, Thanksgiving is quickly approaching. For many, Thanksgiving and (American) football go hand-in-hand, with the Detroit Lions’ game as much a staple of the holiday as turkey and pie. Since 1934, the Lions have been a Thanksgiving Day fixture, creating a tradition beloved by fans nationwide. However, this year’s game arrives amid controversy: Lions’ legendary Hall of Famer Barry Sanders is facing a lawsuit alleging copyright infringement.
The suit alleges that Sanders used a specific image of the former running back in merchandise and promotional materials without securing proper licensing from the copyright owner, Allen Kee, the sports photographer who captured the iconic image. Sanders has yet to answer the complaint, and it is unclear how far this case might go. If it makes it all the way to the litigation end zone, a jury may have to decide whether Kee should be compensated for capturing that famous moment on film, or whether Sanders should have the right to use his own image and likeness without permission or payment to a third party.
Earlier this year, Kee brought a similar suit against the Detroit Lions, National Football League, and other entities, after a statue of Sanders was unveiled in Detroit. That case remains pending.
As fans look forward to watching the Lions face off against their Thanksgiving rivals, this case serves as a reminder of the complexities surrounding copyright, image rights, and the intellectual property side of sports. The Thanksgiving tradition of Detroit football carries on, but this year it’s shadowed by the intriguing legal developments surrounding the Lions and one of the team’s greatest players.
Kristyn Webb is the Group Leader of Fishman Stewart’s Copyright Practice Group, and holds a Master’s Degree in Copyright Law from King’s College London.
Related Content from Fishman Stewart
One second became a surprisingly complicated piece of technology, intellectual property and sports governance in the 2026 collegiate season opening game.
With the end of Hot Dog Season quickly approaching, now is a good time to reflect on the innovative new growth that made this season what it is today.
The Ninth Circuit just reversed course on Jack Daniel's dilution claim against the 'Bad Spaniels' dog toy, vacating the injunction and ruling that parody humor alone doesn't prove reputational harm. Here's what the decision means for brand owners pursuing tarnishment claims.
The trading card industry is booming again - and what makes this moment different is not who holds the cards, literally and figuratively, but how the trading card space is rapidly evolving.
Imagine paying millions of dollars for the naming rights to a stadium—only to have your brand hidden behind a giant white tarp. That’s exactly what happened to Levi Strauss during the 2026 FIFA World Cup.
As we celebrate our nation’s birthday on July 4th, many communities are replacing or supplementing traditional fireworks with drone-based light shows - which prompts the question of intellectual property protection.
The fun internet trend of promoting "dupes" has officially crossed the trademark line and everyday content creators are finding themselves in the crosshairs of multimillion-dollar corporate lawsuits.
The FIFA World Cup is global football (or soccer) at its highest level. It is, however, also one of the most carefully crafted displays of intellectual property (IP) in the world.
Trademark owners are often cast as villains when they send cease-and-desist letters. But in trademark law, failing to enforce rights can sometimes create bigger problems than enforcing them.
Women’s sports are having a moment, and not a small one. And right alongside that rise: the business of women’s sports is heating up, including some surprisingly dramatic trademark battles.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
