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FLEER CORP. v. TOPPS CHEWING GUM, INC.

539 A.2d 1060 (1988)

FLEER CORPORATION, a Delaware Corporation, Defendant Below, Appellant, v. TOPPS CHEWING GUM, INC., a New York corporation, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: April 6, 1988.

Attorney(s) appearing for the Case

R. Franklin Balotti, Joseph J. Bodnar, and John A. Parkins, Jr., of Richards, Layton & Finger, Wilmington, Frederic L. Ballard (argued), and Tyson W. Coughlin, of Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for appellant.

Edward B. Maxwell, 2nd, of Young, Conaway, Stargatt & Taylor, Wilmington, James D. Crawford (argued) and Sharon Weinman, of Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellee.

Before CHRISTIE, C.J., MOORE and HOLLAND, JJ.

CHRISTIE, Chief Justice:

Appellant, Fleer Corporation (Fleer), and appellee, Topps Chewing Gum, Inc. (Topps), have long been engaged in the manufacture, distribution, and sale of chewing gum, candy novelties, and trading cards. For more than ten years, Topps' exclusive rights to produce and market baseball trading cards have been the subject of extensive litigation between Fleer and Topps.

Over a period of many years, Topps acquired its exclusive rights in...

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