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Old 04-24-2012, 06:46 PM   #1
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Trading Card Company Suing Luck

Here is an interesting question. Does a company have the right to sell your picture from high school and give you zero compensation?

Leaf Trading Cards sues probable No. 1 NFL Draft pick Andrew Luck over image rights - NFL News | FOX Sports on MSN

A Texas-based trading card company is suing probable No. 1 NFL Draft pick Andrew Luck, claiming it has the right to sell trading cards that use an image of him taken during the 2008 US Army All-American Bowl a high school All-Star game it has the rights to.

The company said the suit came in response to a demand from the quarterback's attorney that Leaf stop selling the cards because it infringed on Luck's "publicity rights," the Dallas Observer reported.

"Leaf Trading Cards is disappointed that it was forced to submit this matter to the judicial system," Leaf attorney O. Luke Davis III said.

"We are confident, however, that the court will find that Leaf has the right to produce and sell the Andrew Luck trading cards."

The suit was filed Friday in Dallas County Court, a week after Luck's attorney filed the cease and desist letter.

Luck, a former Stanford star, reportedly already has been told by the Indianapolis Colts that they will select him with the No. 1 pick on Thursday, the first day of the 2012 NFL Draft.
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Old 04-25-2012, 10:05 AM   #2
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Re: Trading Card Company Suing Luck

Well, they do have the rights to the game and he agreed to play in it.

However, suing him seems overkill. Was Luck threatening to sue them first? I can't figure out why they're suing him if they're already using the image. I see his lawyers filed a cease and desist order. I guess it takes a lawsuit to be able to ignore or overturn that?

Do all players typically receive royalties for every trading card with their image on it?
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Old 04-25-2012, 10:27 AM   #3
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Re: Trading Card Company Suing Luck

Absolutely not. They deserved to be sued by any player they are making money off without the consent of that person. Now if that person gives consent by signing a form to play in that particular game, then they (company) have that right.

Now if they don't notify the players about their images and deal they have with the card company, the people hosting the game should be able to be sued as well.
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