Two days before receiving the honor of becoming the number 1 pick in the 2012 NFL Draft, Andrew Luck has been served with a lawsuit from Leaf Trading Card Company.
Leaf Trading Cards filed suit claiming that it has the right to sell trading cards with Andrew Luck’s image from a photo taken in the 2008 U.S. Army All-American Bowl. The U.S. Army All-American Bowl is a high school all star football game that is usually played in January.
Leaf Trading Cards claims that it has been selling these cards since 2010. Leaf also contends that both common law and licensing rights allow it to sell the cards. Luck’s attorneys disagreed and sent Leaf Trading Cards a cease and desist letter on April 13. Leaf Trading Cards responded by filing its lawsuit. This lawsuit is not a case for damages. Rather, Leaf Trading Cards is seeking a declaratory judgment from the Texas courts. A declaratory judgment is an attempt by a party to receive a ruling from a court defining that parties’ rights and obligations. Unless the court finds flaws in the licensing agreement, this should be an easy victory for Leaf Trading Cards.
Giving credit where credit is due, I have to thank “the Shutdown Corner” and Yahoo sports for providing the following quote regarding the story “If anything, I think Andrew Luck should sue them for putting his name in the same sentence as “Leaf” so close to the NFL draft.” See “Andrew Luck is Being Sued.” This makes me wonder if I am the only one who did not think Ryan Leaf after hearing the name Leaf Trading Cards.