Tabberone is pronounced tab ber won not tay ber own

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Major League Baseball Players Assoc v Dad's Kid, 806 F.Supp. 458 (SD New York 1992) Major League Baseball Players Association ("MLBPA") moves for a preliminary injunction against Dad's Kid Corp. and for partial summary judgment. Dad's Kid made each Tri-Card by taking three authentic licensed baseball cards originally made by MLBPA's licensees (i.e., Fleer, Upper Deck, etc.). Leaving one card intact, Dad's Kid cut the player's total figure with bat, etc. from each of the two remaining cards, and then slightly staggered those images above the player's image on the intact card, giving a 3-D effect. Each Tri-Card was mounted on a plastic frame and packaged in a container bearing a disclaimer. Comparing to another case, the court stated: "..in our case: (1) Dad's Kid assembled its Tri-Cards using component parts with MLBPA's trademark; (2) defendant's identifying mark can only be found on the packaging of each Tri-Card, not on the product itself; (3) Dad's Kid purchases three officially licensed cards to produce each Tri-Card, thus generating royalty income for MLBPA. Additionally, in this case Dad's Kid prints a disclaimer on the packaging of its product." No likelihood of success on the merits of the case. Motions denied