In August 1991 he signed a licensing agreement with Winterland, a manufacturer of screen-printed apparel. Pursuant to the agreement, Mendler provided Winterland with numerous slides of photographs he had taken of the America’s Cup yacht race. Among these was an image titled “San Diego’s America’s Cup,” which depicts the “Espana” overtaking the “Spirit of Australia” in a tacking duel. See Appendix. The license allowed Winterland the use of the photos as “guides, models, and examples, for illustrations to be used on screen printed T-shirts or other sportswear.”