Thread: 1940 Playball
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Old 04-30-2006, 02:21 PM
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Default 1940 Playball

Posted By: Troy Kirk

I found my reference to the Johnny Mize lawsuit with Gum, Inc.

On August 7, 1964, the Federal Trade Commission (FTC) issued a ruling against Topps in a lawsuit brought by Fleer. This was an earlier lawsuit than the one that resulted in the win by Fleer and the 1981 Fleer and Donruss cards. Eventually, Topps won this FTC suit on appeal in 1965. But in this 1964 ruling, there was some history of bubble gum cards presented as evidence. Here is what FTC examiner Herman Tocker said about Mize and Gum, Inc.

"A minor litigation involved a player, Johnny Mize, who, in 1941, sued Gum Products, Inc., claiming that it was using his picture without permission. Although gum Products (known for its 'Play Ball' issues of the late 30's and early 40's) won the decision, it decided not to continue the use of the baseball cards in its gum sales."

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