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Originally Posted by vintagetoppsguy
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On first appraisal your analogy makes sense, but in reality it's a false one, because it assumes all these examples originated under identical circumstances. Again, the issue isn't the use of the image. The issue is obtaining PERMISSION to use the image. I'd guarantee Chase had to obtain permission, and pay a fee or royalty to use Topps' property on the cover art of their item.
Leaf is being sued because they did NOT obtain permission first to use this copyrighted image. In fact, they did something similar before, to which Topps sent them a cease-and-desist letter. They were warned once, and did it again.
What it comes to is this: Topps owns the copyright. Leaf used it without permission, and they've repeatedly violated copyright, despite a prior warning.
Topps has a VERY STRONG case. I'll be willing to bet that, in the end, Leaf will settle. This is a very common tactic, as crummy as it is. A company gets away with using copyrighted work, makes their profit, and pays a quick settlement, which they are able to absorb because they made more than enough to cover the loss. It's why corporations steal other people's intellectual property all the time...because they can afford to profit NOW and pay a settlement later out of those profits, rather than pay more in the long run through licensing and royalties to the originator.