MLB Properties settles trademark lawsuit with Upper Deck
Major League Baseball Properties settled its trademark infringement lawsuit against Upper Deck on Wednesday.
MLBP released a statement detailing the non-confidential portions of the agreement on Wednesday evening.
“Our settlement in the case against Upper Deck is a clear and decisive victory for Major League Baseball,” said Ethan Orlinsky, Senior Vice President and General Counsel, Major League Baseball Properties. “Upper Deck will be unable to release baseball trading cards that incorporate Major League Baseball’s intellectual property in the future. The real winners today are the millions of fans who collect baseball cards. They will be able to clearly identify official Major League Baseball trading cards without any confusion.”
Here is a summary of the non-confidential portions of the settlement:
— Upper Deck will pay MLB Properties more than $2.4 million (the entire amount in dispute) for Upper Deck’s 2009 debts.
— Upper Deck will pay MLB Properties a substantial sum of money for the unlicensed cards it sold in 2010. The specific sum of that payment is confidential.
— Upper Deck has agreed not to issue any additional releases of infringing cards. Last year it issued 15 baseball card releases and there are currently only three infringing releases that are in distribution in 2010.
— Upper Deck agreed it will not make any new sets of cards using MLB logos, uniforms, trade dress, or Club color combinations.
— Upper Deck also agreed it will not airbrush, alter or block MLB marks in future products.
— Upper Deck must receive approval from MLB for the use of baseball jerseys, pants, jackets, caps, helmets or catcher’s equipment in future products featuring players.
FOR UPPER DECK’S STATEMENT REGARDING THE SETTLEMENT, CLICK HERE.