Fleer Corp. v. Topps Chewing Gum, Inc.

CHRISTIE, Chief Justice:

Appellant, Fleer Corporation (Fleer), and appellee, Topps Chewing Gum, Inc. (Topps), have long been engaged in the manufacture, distribution, and sale of chewing gum, candy novelties, and trading cards. For more than ten years, Topps’ exclusive rights to produce and market baseball trading cards have been the subject of extensive litigation between Fleer and Topps.

Over a period of many years, Topps acquired its exclusive rights in respect to the manufacture and sale of baseball cards by entering into contracts with virtually every major league baseball player while the…