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Ryan v. Volpone Stamp Co.

107 F. Supp. 2d 369 (2000)

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Ryan v. Volpone Stamp Co.

United States District Court for the Southern District of New York
107 F. Supp. 2d 369 (2000)

Facts

Retired Major League Baseball pitcher Nolan Ryan (plaintiff) entered into a licensing agreement with Volpone Stamp Company, Inc. (Volpone) (defendant) through Ryan’s agent, Mattgo Enterprises, Inc. (Mattgo). The agreement granted Volpone exclusive rights to manufacture, sell, and sublicense various products bearing Ryan’s image, name, and facsimile signature. In exchange, Volpone agreed to pay royalties to Ryan, including certain minimum royalty payments. In the event of a failure to pay royalties, Volpone would have 60 days to cure its default, after which the agreement would terminate and the licensing rights revert to Mattgo. Believing that Ryan and Mattgo had breached the exclusivity terms of the agreement, Volpone stopped payment on certain royalty checks. Ryan notified Volpone that Volpone was in default, and the agreement was terminated. However, Volpone disregarded the termination letter and continued to manufacture and distribute Nolan Ryan merchandise. Alleging that Volpone had violated his right of publicity, Ryan sought a preliminary injunction barring Volpone from marketing Nolan Ryan merchandise.

Rule of Law

Issue

Holding and Reasoning (Haight, J.)

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