United States Court of Appeals
FOR THE EIGHTH CIRCUIT
C.B.C. Distribution and Marketing, Inc.,
Appeals from the United States
Major League Baseball Advanced
The Major League Baseball Players Association,
National Football League Players
Association, National Football League Players, Inc.;
NBA Properties, Inc.;
L.P.: NFL Ventures, L.P.;
National Association for Stock Car Auto Racing, Inc.;
PGA TOUR, Inc.;
WNBA Enterprises, LLC;
International Licensing Industry
Merchandisers' Association, Inc.,
Amici on behalf of Appellants,
Fantasy Sports Trade Association;
First American Real Estate Solutions, LLC;
Reed Elsevier Inc.,
Amici on Behalf of Appellee.
Submitted: June 14, 2007
Filed: October 16, 2007
Before LOKEN, Chief Judge, ARNOLD and COLLOTON, Circuit Judges.
ARNOLD, Circuit Judge.
C.B.C. Distribution and Marketing, Inc., brought this action for a declaratory judgment against Major League Baseball Advanced Media, L.P., to establish its right to use, without license, the names of and information about major league baseball 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 baseball players and that the players, through their association, had licensed those rights to Advanced Media, the interactive media and Internet company of major league baseball. The Major League Baseball Players Association intervened in the suit, joining in Advanced Media's claims and further asserting a breach of contract claim against CBC. The district court granted summary judgment to CBC, see C.B.C. Distrib. and Mktg., Inc. v. Major League Baseball Advanced Media, L.P., 443 F. Supp. 2d 1077 (E.D. Mo. 2006), and Advanced Media and the Players Association appealed. We affirm.