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CHICAGOLAND PROCESSING CORP. v. WHITE

June 14, 1989

CHICAGOLAND PROCESSING CORPORATION, an Illinois corporation, Plaintiff,
v.
FRED K. WHITE, individually and d/b/a CHICAGO NUMISMATIC FOUNDATION; and PATRICIA GORDON and JAMES GORDON, d/b/a NATIONAL FAST TIME PHOTO and NATIONAL FAST TIME ONE HOUR PHOTO, Defendants



The opinion of the court was delivered by: DUFF

 BRIAN BARNETT DUFF, UNITED STATES DISTRICT JUDGE

 When the rain poured from the Chicago skies on the night of August 8, 1988, it put to an early end the first baseball game played under the lights at Wrigley Field -- so early, in fact, that the game never became official under major league baseball rules. The teams and the fans returned the next night, started anew and completed the game. Most people understood what the rainout meant; the plaintiff in this action apparently does not.

 The plaintiff, you see, is the Chicagoland Processing Corporation, a manufacturer and marketer of commemorative medallions. Before the first night game, it contracted with the Major League Baseball Properties, Inc., to sell 39,012 medallions for the historic event. Each medallion depicted Wrigley Field and included the following legend:

 FIRST NIGHT GAME

 CHICAGO CUBS

 PHILADELPHIA PHILLIES

 A NIGHT TO REMEMBER

 Chicagoland began advertising its medallion around July 17, 1988 in newspapers of general and interstate circulation, including the following advertisement in the Chicago Tribune:

 1ST CHICAGO CUBS NIGHT GAME

 AUGUST 8, 1988 -- CUBS VS PHILLIES

 WHERE WERE YOU WHEN THE LIGHTS WENT ON?

 * * *

 Officially Licensed by Major League ...


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