A trading card company sued expected first-round draft quarterback Andrew Luck in state court, claiming it has the right to sell trading cards "with a game-action photograph of Luck taken during the 2008 U.S. Army All-American (high school) Bowl," despite Luck's cease and desist letter to it. Luck, of Stanford, is expected to be chosen first or second in this year's NFL draft - probably by last year's dogs, the Indianapolis Colts, who cut loose their star quarterback Peyton Manning. Leaf Trading Cards, which says it began selling trading cards in 2010, claims the U.S. and Texas Constitutions, "as well as common law and an express license from the party who produces the U.S. Army All-American Bowl," give it the right to use Luck's photo on its cards, and sell them. Luck disagrees, and on April 13, via attorney, sent Leaf a cease and desist letter, according to Leaf's complaint in Dallas County Court. Leaf, in high dudgeon, claims: "The Luck Letter fails to mention, much less recognize, Leaf's constitutional and common law rights to produce, market, distribute, and sell the Luck cards. By accusing Leaf of violating Luck's alleged 'publicity rights' and sending the April 13 letter, Luck has created a present and actual controversy between the parties." Source: Courthouse News
