For decades Moore (defendant) had created and sold works of art depicting University of Alabama football games. Moore sold these works in the form of paintings, prints, and calendars, and also sold mundane items such as mugs on which his images had been placed. At some times, Moore had licensing agreements with the University for the creation of some of these works, but predominantly created these items without any licensing agreement in place. The University of Alabama Board of Trustees (plaintiff) sued under the Lanham Act on the basis of unregistered trade dress for the University colors, football uniforms, and helmet designs. The district court granted summary judgement to Moore for the paintings and prints, but to the University for the calendars, mugs, and other mundane products. Both Moore and the University appealed.