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Howard Files Counterclaim In ’91 Photo Dispute

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1991: Desmond Howard #21 of the Michigan Wolverines runs in the the 'Heisman' pose right after making a 93 yard touchdown against Ohio State circa 1991 in Ann Arbor, Michigan. Wolverines won 31 - 3. (Photo by Chris Covatta/Getty Images)

1991: Desmond Howard #21 of the Michigan Wolverines runs in the the ‘Heisman’ pose right after making a 93 yard touchdown against Ohio State circa 1991 in Ann Arbor, Michigan. Wolverines won 31 – 3. (Photo by Chris Covatta/Getty Images)

DETROIT (AP) — Ex-football star Desmond Howard is taking his own legal action after a photographer sued him in a copyright dispute over a 1991 Heisman Trophy pose in the end zone.

Howard’s counterclaim this week in Detroit federal court accuses photographer Brian Masck of selling Howard-related merchandise without permission on a website called thetrophypose.com.

The lawsuit says Masck didn’t get Howard’s permission to use his name, image or likeness. It comes three months after Masck sued Howard, Sports Illustrated and others, saying they’ve illegally copied and sold the picture.

The Associated Press left a message Wednesday seeking comment from Masck’s attorney.

The picture shows Howard with outstretched arm after returning a punt for a touchdown for Michigan against Ohio State.

He played for the NFL’s Washington, Jacksonville, Green Bay, Oakland and Detroit.

(© Copyright 2013 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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