The widow of baseball great Mickey Mantle has sued a Cooperstown, N.Y., bat maker for alleged trademark violations over the sale of a limited edition bat bearing the Hall of Famer's image and name.
In the lawsuit filed Thursday in U.S. District Court in San Diego, Merlyn Louise Mantle claims the Where It All Began Bat Co. did not have permission to use the Mantle name and likeness on the bat. The estate is seeking a minimum of $75,000 or triple the amount of profits from the sale, whichever is greater, plus reimbursement of attorneys fees.
"Defendants have exploited, and continue to exploit, the name, image and likeness of Mickey Mantle for their own economic benefit throughout the United States," according to the claim. The lawsuit seeks an injunction to halt sales of the laser-engraved wooden bat.
The bat company maintains that it bought the right to use Mantle's name and likeness.
Jim Florczak, president of Where It All Began, said Friday that he paid $10,000 for the rights in a deal brokered through CMG Worldwide of Indianapolis. The firm represents the estates and families of deceased celebrities.
"Maybe there is some sort of confusion," Florczak said.
CMG Worldwide President Jonathan Faber said Friday the firm represented Mantle's estate in 1999 when Florczak and Danny Mantle, the player's son, signed a contract.
CMG no longer represents the Mantle estate. Encore Sports of Encinitas has controlled licensing agreements for the estate since April 2004.
Encore Sports has no knowledge of Danny Mantle's contract with Where It All Began, according to Sean Cahill, the San Diego attorney representing the estate.
Mantle died in 1995 at age 63.
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