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CARDTOONS v. MAJOR LEAGUE BASEBALL PLAYERS

No. 95-5006.

95 F.3d 959 (1996)

CARDTOONS, L.C., an Oklahoma Limited Liability Company, Plaintiff-Appellee, v. MAJOR LEAGUE BASEBALL PLAYERS ASSOCIATION, an unincorporated association, Defendant-Appellant. First Amendment Publishing, Inc., Joseph Mauro, pro se, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

August 27, 1996.

Attorney(s) appearing for the Case

Russell S. Jones, Jr. (William E. Quirk, with him on the briefs), Shughart, Thomson & Kilroy, Kansas City, Missouri, for Appellant.

James W. Tilly (Keith A. Ward, with him on the brief), Tilly & Ward, Tulsa, Oklahoma, for Appellee.

Joseph Mauro, pro se, filed an amicus curiae brief for First Amendment Publishing, Inc.

Before TACHA, LOGAN, and REAVLEY, Circuit Judges.

TACHA, Circuit Judge.

Cardtoons, L.C., ("Cardtoons") brought this action to obtain a declaratory judgment that its parody trading cards featuring active major league baseball players do not infringe on the publicity rights of members of the Major League Baseball Players Association ("MLBPA"). The district court held that the trading cards constitute expression protected by the First Amendment and therefore read a parody exception into Oklahoma's statutory right of...

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