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Indiana Court Transfers Publicity Rights Litigation To New York
The U.S. District Court for the Southern District of Indiana granted a defendant's motion to transfer to New York federal court a suit over the alleged unauthorized use of the names and likenesses of legendary baseball players, including Lou Gehrig, Thurman Munson and Jackie Robinson. CMG Worldwide Inc. v. The Upper Deck Co. Inc., 1:08-cv-761-RLY-JMS.
In 2007, CMG, an Indiana-based celebrity licensing agency, and Upper Deck, with offices in California and New Jersey, entered into short-term, non-exclusive agreements for trading card goods. The agreements included an Indiana forum selection clause. In 2008, CMG entered into an exclusive agreement for the rights to the same baseball players with the New York-based Topps Co. CMG and Topps then sued in Indiana federal court, alleging that Upper Deck had released trading card products after its agreements with CMG expired.
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