The
Vintage Card of the Month this month is more for the person, Gene Kelly, who
would have turned 100-years old today. When someone says “Dancers” a couple of
names come to mind, Gene Kelly is one of those names, along with Fred Astaire, Ginger
Rogers, Michael Jackson, Mikhail Baryshnikov and maybe Michael Flatly The list
is pretty short so it takes someone special to make it.
From
the 1940s onward Gene Kelly was everywhere, if there was dancing involved he
was one of the men who appeared, even dancing with Jerry (from Tom & Jerry)
in Anchors Aweigh (later the scene was brilliantly re-created by Seth MacFarlane to
include Stewie in Jerry’s place). In the 1950s and 1960s he made a number of
appearances in various Hollywood related card sets but did not show up again
until the 1992 Hollywood Walk of Fame set.
But
then there is the seedy side of card manufacturing… (Queue mysterious detective
music)
In 2008 Donruss included Gene Kelly in their
Celebrity Cuts release and this led to a problem for them when Patricia Kelly
(Gene’s widow) filed a lawsuit in 2010 claiming that her signature was forged on
a licensing agreement and they had used Gene’s likeness in a way that she would
not have approved.
As the
story goes Patricia Kelly stated that Stephen Bogart, Humphrey Bogart’s son, was
the President of a management/agent company (MODA) and had approached Patricia in
2008 with a contract from Donruss, who wanted to include Gene Kelly in the
upcoming 2008 Donruss Americana Cinema Stars. The contract stated that Patricia
would be required to approve any images or text of any cards containing Gene
Kelly before they were included in the set. Donruss never released the insert
set but did in fact use Kelly’s image in the Hollywood Icons insert from the 2008
Celebrity Cuts set, which Patricia never agreed too.
When
Patricia approached Donruss to complain she was told that while her agreement
with them only covered the unreleased Cinema Stars they had an open agreement
with the Gene Kelly Trust that allowed them to make Gene Kelly cards without
her approval. So what is the problem? Patricia Kelly is the Gene Kelly Trust,
she is the sole trustee and makes all of the decisions and signs all of the
contracts for the Trust.
Even
though what would seem like an obvious situation where Donruss had a questionable
contract they decided to stand by their statement that they have an agreement
with the Trust and continued to produce Gene Kelly cards.
To add
to the “Dafuq?” situation Stephen Bogart filed a lawsuit (and won by default) against
MODA claiming that the CEO of the company assaulted Bogart after he overheard a
discussion regarding Patricia Kelly’s forged signature on the questionable
contract.
Interestingly I am unable to find any further
information regarding the Patricia Kelly vs. Donruss case since mid-2010,
without knowing the facts I am guessing that when Panini bought out Donruss
they made things right with Patricia Kelly and agreed to not include any other
Gene Kelly cards in their sets. To note, there have been no other Gene Kelly
cards included in Donruss/Panini sets since the 2008 releases.
No
matter what, in my eyes, Gene Kelly will always be singing in the rain.
In non-legal news, I recently watched part of "Xanadu" on TV. What a sad way to end such a great career!
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