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Haelan Laboratories, Inc. v. Topps Chewing Gum, Inc.

United States Court of Appeals for the Second Circuit

202 F.2d 866 (1953)

Relevant factsFree

Haelan Laboratories (plaintiff) signed a contract giving it the exclusive right to use a baseball player's photo on its gum products, and the player agreed not to grant that right to any other gum manufacturer. Rival Topps Chewing Gum (defendant), aware of Haelan's contract, nonetheless induced the player to sign a competing deal letting Topps use his picture. Haelan sued Topps, which argued the player's original contract was merely a liability release rather than an assignment of any property right, since any right of privacy is personal and non-assignable. The trial court agreed with Topps and dismissed Haelan's complaint.

IssueFree

Whether a person has an assignable right of publicity over his or her own name and likeness, separate from the personal right of privacy.

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