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Milicic v. The Basketball Marketing Co., Inc.

Pennsylvania Superior Court
857 A.2d 689 (2004)


The Basketball Marketing Co., Inc. (BMC) (defendant) entered into an endorsement agreement with Darko Milicic (plaintiff), a 16-year-old basketball player. Four days after his eighteenth birthday, Milicic offered to buy out his agreement. BMC refused. Eleven days after his eighteenth birthday, Milicic sent a letter to BMC withdrawing from the endorsement agreement. BMC refused to accept Milicic’s letter as a negation of the contract. BMC then wrote to Adidas and Reebok, informing them that it had a valid and enforceable endorsement agreement with Milicic. As a result, Adidas stopped negotiating an endorsement agreement with Milicic. Milicic brought an action against BMC, seeking a temporary restraining order, a preliminary injunction, and declaratory relief. The trial court granted a temporary restraining order and a preliminary injunction, and BMC appealed.

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Holding and Reasoning (McCaffery, J.)

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