Plaintiffs seek to enjoin Defendants, and its agents, distributors, representatives, assigns,
and anyone acting in concert with them, from using the names, images, likenesses, signatures,
personae, and other related indicia of deceased baseball legends Jackie Robinson (“Robinson”),
Lou Gehrig (“Gehrig”), Mel Ott (“Ott”), Jimmie Foxx (“Foxx”), Rogers Hornsby (“Hornsby”),
Thurman Munson (“Munson”), George Sisler (“Sisler”), and Johnny Mize (“Mize”)
(collectively, the “Legends”).
Specifically, Defendant is on the verge of releasing its “2008 MLB SP Legendary Cuts”
products, which make use of the Legends’ name, image, likeness and other elements (the
“Legends’ Intellectual Property Rights”), which—as Defendant is aware—are exclusively
licensed to TOPPS (“Defendant’s Cards”).

X is the first
Of two X’s in Foxx
Who was right behind Ruth
In powerful Soxx
Ogden Nash