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[i]The 80-year-old retired astronaut sued Topps on Monday in federal court in Los Angeles, contending that the trading card company had unjustly profited from his historic achievement by including a photograph of the Apollo 11 mission in a series of trading cards... Topps' attorney, Michael Kahn, said the company had a 1st Amendment right "to include a factual description of the historic events in which Dr. Aldrin participated." "Topps included Dr. Aldrin within the 'American Heroes' edition because it believes he is an American hero and is thus proud to be able to share such information with its audience," Kahn said in an April 15 letter to the law firm representing Aldrin. Aldrin's attorneys were unable to negotiate a licensing fee with Topps, prompting the retired astronaut to take the matter to court. The lawsuit seeks unspecified monetary damages and a court order prohibiting Topps from marketing the trading cards.[/i]
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