re: Alabama suing painter for Alabama Football Paintings

quote:

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They are issued press passes. In other words- permitted.

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So could someone with a press pass snap a photo, then paint the image they captured and sell prints?
Or could Daniel Moore purchase the rights to a photo taken by someone with a press pass, paint it, then distribute copies (basically what a newspaper does except instead of printing the photo in a newspaper, he's painting it on canvas)?

It just seems like the trademark rules shouldn't apply in this case. Don't they normally only apply when a consumer could be confused as to who manufactured the product? Ex: It's not ok to sell non-Polo shirts with a Polo logo on them, but it would be acceptable if a lawyer used a photo of himself in an ad, and he happened to be wearing a Polo shirt in the photo.