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Allison v Vintage Sports, 136 F.3d 1443 (11 Cir. 1998) Elisa Allison ("Allison") is the widow of Clifford Allison, a well-known race-car driver who had a licensing agreement with Maxx Race Cards ("MAXX") whereby Maxx would manufacture and market trading cards bearing his likeness in exchange for a royalty. Orel Hershisher ("Hershisher") is a well-known professional baseball player who has a licensing agreement with the Major League Baseball Players Association ("MLBPA") that grants MLBPA the right to use and license his name and image for commercial purposes in exchange for a pro rata share of all revenues derived therefrom. MLBPA has licensed Hershisher's name and image to various trading card companies, which have manufactured and marketed cards bearing his image. Vintage Sports Plaques ("Vintage") purchases trading cards from licensed card manufacturers and distributors and, without altering the cards in any way, frames them by mounting individual cards between a transparent acrylic sheet and a wood board. Vintage then labels each plaque with an identification plate bearing the name of the player or team represented. In addition to the mounted trading card, some of the plaques feature a clock with a sports motif. Vintage markets each plaque as a "Limited Edition" and an "Authentic Collectible." Allison filed suit against Vintage in Alabama state court alleging infringement of licensure rights, violation of the right of publicity, and conspiracy. Vintage moved for summary judgment, and the district court, concluding that "it would be provident to consider [the motion] to determine if a legally cognizable claim is stated in the amended complaint ... [b]efore considering the issue of class certification," granted the motion. The district court first decided that although appellants established a prima facie case of violation of the right of publicity, the first-sale doctrine operates as a defense in such actions. The court of appeals affirmed for Vintage Sports.