1949 Leaf Theory

[Pat R]

Originally Posted by tedzan

The wax-pack wrappers of Al Rosen's unopened find of 1949 LEAF Baseball (2nd Series, 596-cards) find, in Tampa (Florida) in 1989 were labelled "ALL
STAR Pictures".

Incidentally....Although these cards were acquired in Florida, the original provenance of this collection was the Detroit area in Michigan.
This fact sounds like another Florida acquisition that has been debated on Net54, whose provenance was originally in the northern U.S.

The Football wrappers were labelled ALL-STAR FOOTBALL in 1948. In 1949, it is my understanding that they may have been labelled " FOOTBALL ",
or " PICTURES ".


In the Fall of 1948, LEAF issued their ALL-STAR FOOTBALL GUM set comprising of 98 cards. Issued in two 49-card series. Jackie Jensen's rookie card
is in the tougher Hi # series. A great FB and BB athlete, Jackie decided in favor of Baseball when he signed with the Oakland Oaks PCL team in 1949.





ALL-STAR FOOTBALL GUM issued in 1949 (49 cards).



TED Z

T206 Reference
.

There are several facts that show that the third wrapper is a Leaf football Wrapper and not a baseball wrapper.

1. I don't think the wording on the Leaf Wrapper was an issue with bowman it wasn't even mentioned in the article I posted about the court hearing.

2. Even if it was an issue I don't think they could have done anything about it based on the court information from when Bowman sued Topps.
But the term "baseball" is not subject to monopolistic appropriation by the plaintiff. The term is generic and descriptive; nor is there any proof that as used by the plaintiff it acquired secondary significance as indicating the source or origin of the gum sold. Nor is there any secondary significance arising from the designation of the product in connection with the name of any famous player. The case might be different if the plaintiffs were selling a product under the designation of some one name. Such use might readily build up good will, and an invasion on the part of one not privileged to use the name would be subject to restraint. In the circumstances of this case though, we have no such situation. On the contrary, the facts and applicable law fall readily within such authorities as Kellogg Co. v. National Biscuit Co., 305 U.S. 111, 59 S. Ct. 109, 113, 83 L. Ed. 73, in which it was held that *948 "Shredded Wheat" was a generic term, not subject to exclusive appropriation by the original maker of the product. The court said:

3. The wrappers in the 2nd series Rosen find say "All Star Baseball Bubble Gum"
[IMG][/IMG]
https://bid.robertedwardauctions.com...e?itemid=44356


and an August 18 1949 ad about packages of Leaf Baseball cards that they were giving out specifically states "a package of Baseball Bubble Gum".

img218.jpg


This older thread that no longer has the images has a discussion on the 1949 football packs https://www.net54baseball.com/showth...highlight=Leaf