Seventh-Inning Stretch · The Paper Chase
The Babe on the Calendar
Pirone v. MacMillan, Inc. (1990)
Charge: Trademark infringement and publicity rights - photos of a legendary slugger in a baseball calendar (suit against the publisher)Court: U.S. Court of Appeals for the Second CircuitDocket: The Paper Chase
Does using photos of a deceased player in a calendar infringe trademarks in his name or his heirs' publicity rights?
The facts
The daughters of a legendary slugger held trademark registrations in his name for various goods. A publisher produced a baseball calendar that included three photographs of him without their permission. The daughters and their licensing agent sued for trademark infringement, unfair competition and violation of his publicity rights.
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: Pirone v. MacMillan, Inc., 894 F.2d 579 (2d Cir. 1990)
Read more at openjurist.org. The source reveals the outcome.