MLB Properties files lawsuit against Upper Deck
This sure didn’t take long …
Major League Baseball Properties filed suit against Upper Deck in a New York federal court on Monday alleging that the Carlsbad, Calif-based company is in violation of its trademarks in a pair of recently released baseball card products.
On Friday, MLBP issued a statement that it would “vigorously use all legal means to protect the intellectual property of Major League Baseball and its member Clubs.”
The filing notes that Upper Deck owes MLB Properties $2.4 million and that the company’s actions are “reflective of a pattern of utter disrespect for the contractual and intellectual property rights of those from whom it licenses valuable trademarks.”
Upper Deck’s baseball cards are not licensed by MLB Properties but are approved by the MLB Players Association. MLB awarded Topps its exclusive contract beginning in 2010. A pair of recently released baseball card sets — 2009 Signature Stars and 2009 Ultimate Collection — show logos in photos of players but do not otherwise use MLB trademarks as part of the card designs.
Upper Deck declined to comment on the licensing issue. However, in a letter to its distributors, the company threatened legal action of its own against MLBP after MLBP told distributors that it should not sell the products.
We’ll have more on the case as it develops.
I’m not surprised
Everyone had better get their replacement and redemption in a hurry. UD may not be around much longer owing MLB properties that 2.5 plus god knows how much on this lawsuit. In todays economy and the fact UD cut their staff and all, I don’t see them being able to survive it all (their poor customer service also doesn’t help).
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That will help them if they sue MLBP
I just bought the first five packs of 2010 UD Series 1 at my local shop (they came in as I was standing there chatting), opened them, and wrote my own blog about them. I really don’t see the deal from MLBP about this one. It looks to me as if Upper Deck was very careful in choosing photos that blocked most of the logos anyway.
I’ve got pics of various cards up on my post too… check it out at http://reperiovulpes.blogspot.com/2010/02/upper-deck-2010-series-1-baseball.html
Thanks!
To me, I am very upset with all of this “bidding wars” of the so – called exclusive rights to a certain sport or brand. I have a been a sports collector for years and when I heard that the MLB gave Topps the exclusive rights to produce baseball cards I was turned off by the decision. The reason that I say this I would prefer a variety of different products from different companies than just one. I remember back when a collector such as me would be happy to go to a sports card shop and pick and choose what product you want to buy. And now there is just one company out there that is going to produce baseball cards that’s just not right. For example, I bought a box of 2008 Turkey Red baseball and I pulled Kevin Escobar Turkey Red Auto redemption but when I got the card, it wasn’t the auto that I sent out for. To me, I felt that Topps failed me once again to give me the redemption that I have sent out to them. In conclusion I believe of having one company making a certain sport is bad for the collectors.
You can blame Major League Baseball for this entire mess. Why they decided on their own to go “exclusive” with Topps without coordinating with the MLBPA is mind-numbingly stupid. If there is a right way and wrong way to do something, look for the group led by Bud Selig to go the wrong way every time.
Some in this discussion have said that they looked at 2010 Upper Deck baseball and don’t see what Major League Baseball is talking about. Look at card #2, Daniel McCutchen’s card. The Pirates logo is clearly visible on his jersey. The Diamonbacks Logo is clearly seen on the cap on Dan Haren in card #50. The Indians’ Logo is clearly seen on the cap of Trevor Crowe on card 163. The Diamondbacks Logo is again obvious on the cap of Dan Haren’s Biography insert, card # SB-20. The Yankees Logo appears on Mark Teixeira’s card in his Biography insert, card #SB-52. I could go on, but even that’s enough.
While it’s true that most of the cards in 2010 UD don’t show any logos, that’s far from saying that none of the cards show the team logos. In my opinion, UD did this on purpose because they wanted to invite that lawsuit. Why? Free advertising, plus the fact that collector’s will scurry to buy 2010 UD to see for themselves. Translation: People are talking about and buying Upper Deck 2010 baseball, and that means big profits. I think they’re hoping that the profits they see will far exceed the fines they’ll have to pay. I think it’s a last-gasp effort by Upper Deck to generate interest in their cards.
FYI, Upper Deck is an awful place to work. Skilled workers are underpaid and treated like trash. The Sales team is unethical, shipping out unlicenced product under the radar. They are involved in illegal end-of-quarter transactions to make the numbers look better. The company is doomed…