U.S. District Court Judge John Martin ruled that
Pacific Trading Cards Inc. can "continue distributing cards"
featuring MLB players in uniform, "over the objection of
baseball-club owners," according to Frances McMorris of the
WALL STREET JOURNAL. Martin said in his ruling that a child
is "no doubt, interested in obtaining cards depicting his or
her favorite players, and probably cares little or nothing
about whether the owner of the team has sanctioned the
distribution of the card." MLBP had sued Pacific, seeking
to block distribution of the cards "because they allegedly
violated the club owners' trademark rights." Pacific, which
had a licensing agreement with MLBP until last year, said it
isn't in violation because "it isn't using the owners'
pictures of the players and isn't marketing the cards as
officially owner-endorsed." Pacific now has a licensing
deal with the MLBPA. McMorris reports that Judge Martin
"wasn't impressed" with the owners' survey of 228 people in
12 shopping malls last week "which found that 34% of those
interviewed believed that Pacific had the owners' okay." An
attorney for MLB owners said they intended to appeal the
decision (WALL STREET JOURNAL, 5/15).
