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Old 09-17-2009, 08:16 AM   #1 (permalink)
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Default Topps Spells Out Complaint; UD Responds

Topps Spells Out Complaint; UD Responds

The court battle continues between Topps and Upper Deck over the use of card designs.

Topps has continued filing mountains of paperwork and exhibits in a New York court as part of its trademark violation suit against rival Upper Deck.

Topps filed suit earlier this year, saying Upper Deck was copying its vintage designs on its 2009 OPC line by using designs Topps created and used on its cards in the 1960s and 70s. Topps also claims Upper Deck should be barred from using cut up Topps cards in its Legendary Cuts product.

The copyright infringement angle has even caught the eye of some in the legal community.

Topps cited several examples in which Upper Deck created 2009 Legendary Cuts autograph cards that included cut signatures taken from old Topps cards on which the Topps logo and design are clearly visible.

"Upper Deck used the Topps name and mark on the Legendary Cuts Cards in an attempt to exploit the tremendous goodwill associated with the Topps name and mark," wrote attorneys for Topps in the amended complaint filed last week in a New York court.

Upper Deck responded in its own filing by saying Topps "does not own or control the exclusive rights allegedly infringed" and that laws don't permit a company to "monopolize the use of common, generic product design features."

Topps claims the public could be confused by Upper Deck's designs--a claim Upper Deck says is baseless.

There is plenty of legalese, but you can read the details in the 37-page Topps' amended complaint and Upper Deck's 38-page response below.
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Old 09-17-2009, 10:15 AM   #2 (permalink)
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Topps is just pissed that Upper Deck has used the OPC name more effectively and released better OPC products since Topps did in the mid-1980s. If Topps wanted to avoid this, they shouldn't have given up the OPC name and their hockey aspirations.

Now we get OPC made by Upper Deck and Topps Attax Pucks or whatever that b.s. is called. Which would you prefer?
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Old 09-17-2009, 10:25 AM   #3 (permalink)
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Originally Posted by blowoutcards View Post

"Upper Deck used the Topps name and mark on the Legendary Cuts Cards in an attempt to exploit the tremendous goodwill associated with the Topps name and mark," wrote attorneys for Topps in the amended complaint filed last week in a New York court.


Ha Topps' lawyer has no soul to be able to lie like that. Gotta love lawyers, now we know what Harvard Law teaches these people, . After they read that line it would have been easy as all hell to spot any present day card collectors in the court room because they'd be the people laughing hysterically.

"Tremendous goodwill " ? Really...Topps ? Try calling them and telling them they shorted you an auto in a box or three in your case of Bowman Chrome. Not much goodwill over the phone or in what they eventually send you for replacements.
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Old 09-18-2009, 12:04 AM   #4 (permalink)
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Wait a minute. Did I read that UD takes Topps cards and turns them into something else and then sells them? Isn't that what a member tried to do in this forum with that triple autograph card that UD threw a big hissy fit about and had Ebay remove the listing?
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Old 09-18-2009, 12:48 AM   #5 (permalink)
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Originally Posted by BAMBAM View Post
Ha Topps' lawyer has no soul to be able to lie like that. Gotta love lawyers, now we know what Harvard Law teaches these people, . After they read that line it would have been easy as all hell to spot any present day card collectors in the court room because they'd be the people laughing hysterically.
Unless the lawyer has no knowledge of the hobby. That's why I don't ask my DUI clients if they were drunk, I don't want to know.
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