Pirone v. MacMillian, Inc.

894 F.2d 579 (1990)

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Pirone v. MacMillian, Inc.

United States Court of Appeals for the Second Circuit
894 F.2d 579 (1990)

Facts

Dorothy Ruth Pirone and Julia Ruth Stevens (plaintiffs) were the daughters of major-league baseball’s legendary Babe Ruth. Ruth was extremely well-known and was one of the most photographed men of his time. After Ruth’s death, Pirone and Stevens registered trademarks for “Babe Ruth” for paper articles, such as playing cards and writing paper. The daughters licensed their trademark to the amateur-baseball Babe Ruth League, Inc. (league) (plaintiff) to promote the league and sell products with the Babe Ruth name and to Curtis Management Group, Inc. (Curtis) (plaintiff) to license the mark in exchange for royalties. MacMillian, Inc. (MacMillian) (defendant) published a baseball-themed calendar, which included three Ruth-related photographs. The first showed Ruth helping a small boy with his batting grip. The second showed Ruth saluting General John Pershing. The third showed a baseball autographed by Ruth. Pirone, Stevens, the league, and Curtis (collectively, the mark holders) sued MacMillian, alleging, among other things, trademark infringement and unfair competition in violation of the Lanham Act. The district court granted summary judgment to MacMillian. The mark holders appealed.

Rule of Law

Issue

Holding and Reasoning (Kaufman, J.)

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