Take Me Out to the Courthouse · Who Owns the Game?
The Joke Cards
Cardtoons, L.C. v. Major League Baseball Players Ass'n (1996)
Charge: Declaratory suit that parody trading cards do not violate players' publicity rights (claim against the players' union)Court: U.S. Court of Appeals for the Tenth CircuitDocket: Who Owns the Game?
Do parody trading cards that mock real players violate their right of publicity?
The facts
A small company created a set of parody trading cards with cartoon caricatures of active big-league players and joke names and captions. The cards mocked players' huge salaries, egos and quirks. Each card carried a notice saying it was a parody and not licensed. The players' union, which licenses players' likenesses, objected, and the card company asked a court to declare the cards lawful under the state's right-of-publicity law.
You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.
Citation: Cardtoons, L.C. v. Major League Baseball Players Ass'n, 95 F.3d 959 (10th Cir. 1996)
Read more at cyber.harvard.edu. The source reveals the outcome.