Jacobus Rentmeester is a professional photographer whose iconic photo of basketball star Michael Jordan soaring in the air toward an outdoor basketball hoop, with his left arm extended and the sun setting in the background, first appeared in LIFE magazine in 1984. Many years later, Rentmeester alleged that Nike stole key aspects of his famous photo when it created its famous “Jumpman” logo. Nike has sold tens of billions of dollars in sneakers and other “Air Jordan” merchandise with the Jumpman logo.

CASE QUESTIONS

1. What legal standard will the courts use to determine whether Nike engaged in copyright infringement?

2. Assume Rentmeester had trademarked his photo and had then brought a trademark infringement action against Nike. Would his chances of success against Nike be higher or lower?