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Journal of Intellectual Property Law & Practice Advance Access originally published online on January 21, 2008
Journal of Intellectual Property Law & Practice 2008 3(3):161-162; doi:10.1093/jiplp/jpm254
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© The Author (2008). Published by Oxford University Press. All rights reserved

Current Intelligence

A home run for fantasy baseball leagues

Jonathan M. Gelchinsky
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Cambridge, Massachusetts E-mail: g.westkamp{at}qmul.ac.uk

CBC Distribution & Marketing, Inc. v Major League Baseball Advanced Media, LP, 505 F.3d 818, 84 USPQ2d 1328, 2007 WL 2990366 (8th Cir. 16 Oct. 2007)

The US Circuit Court of Appeals for the Eighth Circuit upheld the ruling of the District Court that CBC's use of baseball players' names and statistics in its fantasy baseball league did not violate the players' rights of publicity because it was protected speech under the First Amendment of the US Constitution, and that an earlier contractual provision between the parties could not be enforced against CBC to preclude its use of the players' names and statistics.

Correspondence: Email: jon.gelchinsky{at}finnegan.com


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