Business Law 16th Edition by Jane Mallor,James Barnes ,Arlen Langvardt,Jamie Darin Prenkert,Martin McCrory

تمرين 5

CBC Distribution Marketing, Inc., sells fantasy sports products via its website, e-mail, mail, and the telephone. Its fantasy baseball products use the names of actual major league players, as well as their performance and biographical data. From 1995 through 2004, CBC licensed its use of the names of and information about major league players from the Major League Baseball Players Association (MLBPA) pursuant to agreements that CBC and the MLBPA had entered into in 1995 and 2002. In 2005, after the 2002 agreement expired, the MLBPA licensed to Major League Baseball Advanced Media, L.P. (Advanced Media) the exclusive right to use players' names and performance information "for exploitation via all interactive media." Advanced Media began providing fantasy baseball games on its website, MLB.com, the official website of major league baseball. Advanced Media offered CBC, in exchange for a commission, a license to promote the MLB.com fantasy games on CBC's website, but did not offer CBC a license to continue to offer its own fantasy baseball products. This conduct by Advanced Media prompted CBC to file a declaratory judgment action in which CBC asked a court to rule that CBC is entitled to use, without a license, the names of and information about major league players in connection with its fantasy baseball products. Advanced Media counterclaimed, maintaining that CBC's fantasy baseball products violated rights of publicity belonging to major league players but licensed by them through the MLBPA to Advanced Media. Was CBC entitled to a declaratory judgment in its favor, or was Advanced Media correct in its counterclaim?