By Drew Schott, Tulane Sports Law
On October 9, 2025, the New Orleans Pelicans filed a motion to dismiss a copyright infringement lawsuit initiated by Tyrrell Winston in the U.S. District Court for the Eastern District of Michigan. The Pelicans assert that the complaint, which accuses the National Basketball Association franchise of copying Winston’s artistic style in photos posted to Instagram for its 2024 Media Day, should either be dismissed for lack of personal jurisdiction and improper venue or transferred to the United States District Court for the Eastern District of Louisiana.
Winston, an artist who constructs his pieces using old, deflated basketballs held together by a metal rod, sued the Pelicans on July 30, 2025. Based on a Pelicans’ Instagram post featuring Media Day pictures of players in front of a backdrop including deflated basketballs arranged in grids, Winston’s complaint alleged that the NBA team infringed the copyright of two of his arrangements. In its motion, the franchise claimed Winston had not registered any copyrights for his work prior to its Media Day, and that copyright protection does not enable him to halt independent ideas or concepts involving deflated basketballs. Additionally, the Pelicans state that a Michigan court does not have personal jurisdiction over the franchise because the team is based in Louisiana, it was not present in Michigan when served for the lawsuit, and it does not have extensive connections with the state. According to the Pelicans, Winston failed to show how posting the Media Day photos specifically targeted Michigan, since the Pelicans’ Media Day occurred in Louisiana and its Instagram posts were intended for a nationwide, rather than a Michigan-specific, audience. If the court decides not to dismiss the case, the team will seek to have the suit transferred to the United States District Court for the Eastern District of Louisiana, alleging that subject matter jurisdiction, personal jurisdiction, and venue would be appropriate there.
The Pelicans recently stated, “in short, forcing the Pelicans to litigate in Michigan would be unduly burdensome, unnecessary, and inconsistent with principles of fair play and substantial justice.” The Pelicans are represented by Marc Lorelli and Francesca Cusumano-Gibson of Brooks Kushman P.C. in Royal Oak, Michigan. Winston is represented by Vivek Jayaram of Jayaram Law PLLC in New York. The Pelicans’ motion to dismiss Winston’s complaint will be heard by Judge Linda V. Parker and Magistrate Judge David R. Grand.
