Legal Opinion
Allison v. Vintage Sports Plaques
Court of Appeals for the Eleventh Circuit
Decided March 18, 1998No. 96-6809PublishedCited by 24 opinions
1Opinion of the Court
KRAVITCH, Senior Circuit Judge:
The issue presented in this ease 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 Maxx Race Cards (“MAXX”) whereby Maxx would manufacture and market trading cards bearing his likeness in exchange for a royalty of 18% of sales…
2Cases cited28 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Prestonettes, Inc. v. CotySupreme Court of the United States · 1924
- Alveda King Beal v. Paramount Pictures CorporationCourt of Appeals for the Eleventh Circuit · 1994
- Kareem Abdul-Jabbar v. General Motors Corporation Leo Burnett Company, Inc.Court of Appeals for the Ninth Circuit · 1996
23 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Davidoff & Cie, S.A. v. PLD International Corp.Court of Appeals for the Eleventh Circuit · 2001
- Thais Cardoso Almeida v. Amazon.com, Inc.Court of Appeals for the Eleventh Circuit · 2006
- Donchez v. Coors Brewing Co.Court of Appeals for the Tenth Circuit · 2004
- Cairns v. Franklin Mint Co.District Court, C.D. California · 1998
- Royal Insurance Company of America, A.K.A. R.E. Grills Construction Co., Inc. v. Whitaker Contracting Corp.Court of Appeals for the Eleventh Circuit · 2001
19 more not listed; retrieve them via the Exa API.