on February 2nd, 2010 by zman40
Posted in Auto Cards
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on February 2nd, 2010 by Tuff Stuff
By now, many of you have heard the news that Upper Deck is on its way back to the courtroom. Fresh on the heels of its costly lawsuit with Konami for producing counterfeit Yu Gi Oh cards, UD finds itself heading back to court for alleged trademark infringement regarding its recently released baseball card products. (TO READ MORE, click here)
After UD released its 2009 Ultimate Collection and Signature Stars Baseball products
last week, many who saw the products wondered how the card company could produce featuring
MLB logos despite the fact that they didn’t have a license to do so. Well, less than
a week later MLB has responded with a lawsuit against UD coming days after sending
a letter to distributors asking them to stop selling the products and return them
to the card maker.
While Upper Deck has the right to use the images of MLB players on its cards, according
to the exclusive deal MLB signed with Topps, UD is not licensed to produce cards with
MLB logos attached which brought on the suit. While UD’s two new products, and I’m
assuming the four remaining baseball card releases scheduled to hit the market, do
come with the disclaimer “these products are not licensed by Major League Baseball,”
did UD really believe by placing a statement like that on the products that they could
get around the licensing issue?
Perhaps their thinking was that if they unveiled the 2009 products in 2010 they would
be free to use the logos because they could claim the sets were produced in 2009 when
UD was still licensed with the MLB. Or perhaps they consulted their team of lawyers
prior to bullrushing the 2010 baseball card market and have been assured they have
a legal loophole up their sleeves that would allow them to continue to produce the
unlicensed logoed cards.
Maybe UD thought they could get the products out on the market and create enough of
a buzz about them that the demand for them would exceed the financial damages of another
court case. As all collectors realize, now that a lawsuit has been filed by MLB, the
two products released (and likely any remaining scheduled 2010 UD Baseball releases)
will be pulled from the shelves. The limited run could make them much more sought
after by collectors looking for a limited release and demand could be huge, sending
values through the roof.
Perhaps this legal loophole would allow UD to continue to produced unlicensed cards
that include logos and ultimately leave Topps wondering why they dipped so deep into
their bank account to get the exclusive license in the first place.
While it will take some time to answer all the questions posed here, one thing is
for certain. Either Upper Deck is going to come out of all this looking really smart
or really stupid. Only time will tell so stay tuned to www.tuffstuff.com for updates
on this story.
Continue reading about What’s next for Upper Deck? »
Posted in 7th Inning Stretch
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on February 2nd, 2010 by White Sox Cards
Posted in White Sox Cards
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on February 2nd, 2010 by chrisolds
Posted in Beckett Blog
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on February 2nd, 2010 by McCann Can Triple
Posted in Baseball Cards
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on February 2nd, 2010 by T.S.
Well, golly, that didn’t take long, did it? Major League Baseball
Properties has filed suit against Upper Deck in Manhattan federal court
alleging trademark infringement over the company’s use of MLB logos on trading cards
without permission. “Let the games begin.”
Sorry to be a couple of weeks premature with that exhortation, what with
our Canadian friends readying for their two weeks of Olympic hospitality, but for
collectors of modern baseball cards, things are about to get interesting.
The immediate impetus for the suit was the recent release of a pair of
2009-dated Upper Deck baseball issues, Signature Stars and Ultimate Collection. We
displayed a couple of Signature Stars cards on yesterday’s blog and intoned at the
time that a lawsuit was likely on the way. No great talent for prescience was required
to make that leap. The lawsuit also noted that Upper Deck was “on the verge” of distributing
what it described as several other unauthorized card lines, an obvious reference to
the company’s regular-issue baseball series, which is scheduled for release in early
February.
The suit said that Upper Deck’s cards improperly feature various sport
and team logos and that some 2010 packaging featuring Derek Jeter may confuse consumers
because of its similarities to authorized packaging used in 2009.
“Upper Deck’s current conduct is reflective of a pattern of utter disrespect
for the contractual and intellectual property rights of those from whom it licenses
valuable trademarks,” the complaint said.
In reporting on the suit, Reuters News Service also said that Upper Deck
remains in default of more than $2.4 million it owes Major League Baseball.
Major League Baseball reportedly seeks to halt sales of unauthorized
cards and seeks triple and punitive damages.
While the suit may seem narrow enough at first blush, the implications
for Major League Baseball and indeed other professional sports as well are potentially
significant. To my knowledge, the parameters of what is covered by league licensing
of team logos and uniform indicia has never been explicitly defined in the face of
a court challenge, and this in theory could open that particular Pandora’s box.
But there would seem to be a big “if” there, too. Such a challenge to
the basic underpinnings of the licensing provisions used in various forms by virtually
all professional sports leagues would be so far reaching and potentially cataclysmic
that vast forces would be marshalled against it. The legal maneuverings could take
years and gobble up millions of dollars.
The evolution of the baseball card business has a history of creating
some odd bedfellows along the way, and I’ve got a feeling that if the federal courts
don’t put this baby to bed right away, we could be in for a bumpy ride.
Continue reading about And just like that, we find ourselves in court … »
Posted in Infield Dirt
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on February 2nd, 2010 by rosschrisman2003
Posted in Sports Card Info
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on February 2nd, 2010 by Captain Canuck
Posted in Waxaholic
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on February 2nd, 2010 by 30-Year Old Cardboard
‘Same Card, Different Paths’ – Card #38
1976 Topps - Card #599 – AKA – ‘The Ron Guidry Rookie Card’
Rob Dressler – Dressler’s career spanned 5 seasons in which he played in 82 games. Splitting time with three different teams in that span, Dressler was primarily used as a starter, but his innings pitched were strictly minimized. He has a career record [...]
Continue reading about ‘Same Card, Different Paths’ – Card #38 »
Posted in 30 Year Old Cardboard
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on February 2nd, 2010 by deal
Posted in Phungo
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on February 2nd, 2010 by Joey
I responded to a contest hosted by the Ladies of A Cardboard Problem a few weeks ago on their blog. I liked the idea behind the contest which even had a great First Prize, a complete set of 2008 UD Masterpieces and a few Black Borders of the winners choice. I submitted an entry and [...]
Continue reading about The Spoils of Contest- 2008 UD Masterpieces »
Posted in SqueezePlayCards
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on February 2nd, 2010 by Chris Harris
Posted in Stale Gum
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on February 2nd, 2010 by Spiff
Posted in texas rangers
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on February 2nd, 2010 by Captain Canuck
Posted in Waxaholic
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on February 2nd, 2010 by Dan
Posted in OMGAutos
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on February 2nd, 2010 by chemgod
I have had a few recent through the mail successes that I thought that I would share with you:
Brandon Sutter – Carolina Hurricanes
I haven’t gotten too many hockey Goudey customs back. The Sutter one always makes for a nice success. He is having himself a great breakout season this year and has become one of [...]
Continue reading about Recent Through The Mail Successes »
Posted in Bad Wax
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