Cardtoons v. Major League Baseball Players Association
United States Court of Appeals for the Tenth Circuit
95 F.3d 959 (1996)
Cardtoons, L.C. (Cardtoons) (plaintiff) produced parody baseball trading cards with caricatures and comedic names lampooning identifiable active players (like "Treasury Bonds" for Barry Bonds), without any agreement with the Major League Baseball Players Association (MLBPA) (defendant), which exclusively controlled players' group licensing and ordered production halted. Cardtoons sued for a declaratory judgment that it could produce the cards without MLBPA consent; the district court ruled for Cardtoons, and the MLBPA appealed.
Whether, in Oklahoma, the sale of parody trading cards featuring the names or likenesses of major league baseball players is protected speech under the First Amendment.