ALLISON v. VINTAGE SPORTS PLAQUES

No. 96-6809.

136 F.3d 1443 (1998)

Elisa ALLISON, individually and as the executrix of the Estate of Clifford Allison; Orel Hershisher, Plaintiffs-Appellants, v. VINTAGE SPORTS PLAQUES, Defendant, HMA Investments, Inc., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 18, 1998.


Attorney(s) appearing for the Case

Barry A. Ragsdale, Garve Ivey, Jr., King, Ivey & Junkin, Birmingham, AL, for Plaintiffs-Appellants.

E. Randall Smith, Jeffrey W. Tayon, Conley, Rose & Tayon, Houston, TX, Warren B. Lightfoot, Lightfoot, Franklin & White, Birmingham, AL, for Defendant-Appellee.

Before TJOFLAT and HULL, Circuit Judges, and KRAVITCH, Senior Circuit Judge.


KRAVITCH, Senior Circuit Judge:

The issue presented in this case is whether the "first-sale doctrine," a well-established limitation on intellectual property rights, applies to the common-law right of publicity. We hold that it does. Accordingly, we affirm the district court, which granted summary judgment to the defendant.

I.

Elisa Allison ("Allison") is the widow of Clifford Allison, a well-known race-car driver who had a licensing agreement with...

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