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Cardtoons v. Major League Baseball Players Assn, 95 F.3d 959 (10. th. Cir. 1996)

PLAINTIFF: Cardtoons formed in late 1992 to produce parody trading cards featuring caricatures of major league baseball players.

DEFENDANT: Major League Baseball Players Association has no sense of humor. MLBPA is the exclusive collective bargaining agent for all active major league baseball players, and operates a group licensing program in which it acts as the assignee of the individual publicity rights of all active players.

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.

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 publicity. MLBPA appealed. The Court of Appeals affirmed the lower court ruling.

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