Former Topps Employee Files Multi-Million Dollar Lawsuit

[RGM81]

http://www.beckett.com/news/2012/02/toppslawsuit/

A former Topps employee filed a lawsuit in a New York Supreme Court last week seeking more than $4 million in damages after his image was used on a trading card without his permission.
Christopher Holmes, a former long-time brand manager for the company, was featured on five trading cards depicting him as the folk hero John Henry, a former slave who helped build railroads in mystifying fashion.
According to court documents, Holmes has “suffered public ridicule, degradation, humiliation, emotional distress, economic damages and other injuries” due to the American History Relic card, which was released in 2011 Topps Triple Threads. He also alleges that the cards are in violation of New York Civil Rights Law, which prohibits “the use of a person’s name, portrait, picture or voice for the purposes of advertising or trade without the written consent of the subject.”
Holmes, who had been employed by the company since 1994, was photographed while an employee last July, but he was terminated from the company without good cause, according to court documents, on Aug. 26. The cards were released in Triple Threads on Sept. 28.

[golfermatt91]

He will definitely win the lawsuit. maybe not for the 4 mill. but will get a pretty penny to say the least.

[DaClyde]

I'm betting somewhere in his employment contract, he implicitly or explicitly signed away his likeness for use in Topps products.

I'd be surprised that enough people even knew about the John Henry card that he would have “suffered public ridicule, degradation, humiliation, emotional distress, economic damages and other injuries”.

[moceanwerker]

I'm betting somewhere in his employment contract, he implicitly or explicitly signed away his likeness for use in Topps products.

I'd be surprised that enough people even knew about the John Henry card that he would have “suffered public ridicule, degradation, humiliation, emotional distress, economic damages and other injuries”.

I wouldn't be surprised if this were true, but I would be surprised that his attorney would not have read this contract (and noticed this) before filing a $4 million lawsuit...

[MarcusMaximus06]

I'm pretty sure he will win. I've seen many suits like this.