Cardtoons Information

Cardtoons Baseball Parody Cards are the most unique trading cards on the market. Unlike traditional baseball cards which are licensed by Major League Baseball Properties (the owners) and by Major League Baseball Players Association (the players), Cardtoons are unlicensed. As a consequence, Cardtoons is able to "tell it like it is", and depict major league baseball, its players, managers, and owners in a humorous (if not always flaterring) manner. Because of Cardtoons' "no holds barred" humor and satire, the cards were not warmly received by the Major League Baseball Playsers Association (MLBPA). In 1993, when the cards were originally introduced, MLBPA objected to the cards as an impermissible appropriation of the players' "right of publicity", and asked a judge to prevent Cardtoons from manufacturing and selling its parody cards. Cardtoons insisted that the cards were a parody, and an important form of entertainment and social commentary which deserved First Amendment protection. After an initial hearing, a U.S. Magistrate Judge agreed with MLBPA. While noting that the parody cards were "a unique product, superlative in its presentation," the U.S. Magistrate Judge held that the cards were not protected by the First Amendment because they were being sold for a profit. Cardtoons, L.C. v. Major League Baseball Players Ass'n, 838 F.Supp. 1501 (N.D.Okla. 1993).

Nearly a year later, however, U.S. District Judge James O. Ellision disagreed, reversing the U.S. Magistrate Judge's decision, and holding that the cards were protected by the First Amendment. Cardtoons, L.C. v. Major League Baseball Players Ass'n, 868 F.Supp. 1266 (N.D.Okla. 1994). The decision ironically came within a few days of the scheduled start of the 1994 World Series, which, of course, was canceled because of the players' strike. In his decision, Judge Ellison held that:

Were the [Oklahoma right of publicity statute] rigidly applied by the courts, the result would be that an individual claiming the right of publicity would enjoy absolute control over the dissemnination of his or her likeness, as long as it is remotely recognizable. The propogation of parody would become entirely contingent on receiving permission from the subject. Such a result would be contrary to the purposes of the right of publicity and the First Amendment

868 F.Supp. at 1275. However, MLBPA filed an appeal to the U.S. Court of Appeals for the Tenth Circuit. In August, 1996, more than three years after the cards were introduced, the Tenth Circuit Court of Appeals affirmed the district court's judgment in favor of Cardtoons. Writing for the court, Circuit Judge Tacha stated that "it is unlikely that little leaguers will stop dreaming of the big leagues or major leaguers will start 'dogging it' to first base if MLBPA is denied the right to control the use of is members' identies in parody." Cardtoons, L.C. v. Major League Baseball Players Ass'n, 95 F.3d 959, 65 USLW 2174, 39 U.S.P.Q.2d 1865, 24 Media L. Rep. 2281 (10th Cir. 1996).

The court battles are now over for Cardtoons - and the fun is just beginning for baseball fans who can now enjoy the artwork of nationally acclaimed sports artist Dayne Dudley, the commentary of award winning baseball writer Mike Sowell, and the biting political satire of syndicated political cartoonist Dave Simpson.

While MLBPA and its lawyers aren't fond of Cardtoons Baseball Parodies, baseball fans love them! Dave Anderson of the New York Times said of the cards "Whatever baseball's future is, baseball cards will never be the same." Marty York of the Toronto Globe and Mail described Cardtoons Baseball Parodies as "unflattering, but clever, parody cards that satirize the greed and egotism which have crippled the game...as colorful as they are creative."