Seventh-Inning Stretch · The Paper Chase
The Bean-Bag Bears
Major League Baseball Properties, Inc. v. Salvino, Inc. (2008)
Charge: Sherman Act antitrust - collectibles maker claims the clubs' pooled, exclusive logo-licensing arm restrains trade (counterclaim against the league's licensing arm)Court: U.S. Court of Appeals for the Second CircuitDocket: The Paper Chase
Is a joint agency that exclusively licenses all big-league clubs' logos and shares the revenue equally an illegal restraint of trade?
The facts
In the late 1990s a sports collectibles company sold small bean-filled plush bears decorated with big-league club logos, without a license. The league's licensing arm, owned equally by all 30 clubs, holds exclusive rights to license club logos and splits the money evenly among the clubs. After a cease-and-desist letter, the licensing arm sued for trademark infringement. The company fired back with an antitrust counterclaim, arguing that the clubs had stopped competing with each other to license their own logos and should be condemned automatically, without proof of harm to the market.
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: Major League Baseball Properties, Inc. v. Salvino, Inc., 542 F.3d 290 (2d Cir. 2008)
Read more at hallapproved.com. The source reveals the outcome.