MLB Properties settles trademark lawsuit with Upper Deck

[blowoutcards]

MLB Properties settles trademark lawsuit with Upper Deck
March 3, 2010, 5:18 pm


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.

MLB Properties settles trademark lawsuit with Upper Deck The Beckett Blog

[VinnyH]

talk about a crushing defeat. Looks like Upper Deck can't even make an insert set with birds unless they leave out blue jays, orioles, and cardinals, etc.

I kind of like that

Vinny

[armyatc22]

[QUOTE=blowoutcards;488310]MLB Properties settles trademark lawsuit with Upper Deck
March 3, 2010, 5:18 pm


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.

Here is a summary of the non-confidential portions of the settlement:

– 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 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.

QUOTE]

These are the KEY points in all of this...if anyone knows the amount which is prob a lot please let everyone know lol

if you cant use MLB unis or colors of the clubs well there goes basbeall cards for UD

and to get approvel for the use of all the materials is prob the biggest thing and dont expect to see any more "jumbo" sick nast patches like in 09 Ult in the future of UD baseball do to all of this...

I truthfully think its stupid ot only partner up with one company but ahh well

[deltapi1049]

"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.”

What arrogant stupidity. To put this victory on us as the winners is horse poop. We arent any better off because of this stupid settlement. All the people LIKED the way ultimate was done. MLBP was the one who had a problem with it, not us. The real winners are the pockets of MLBP which will be a little fatter because of this. What crap.

[ghost]

Originally Posted by deltapi1049

"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.”

What arrogant stupidity. To put this victory on us as the winners is horse poop. We arent any better off because of this stupid settlement. All the people LIKED the way ultimate was done. MLBP was the one who had a problem with it, not us. The real winners are the pockets of MLBP which will be a little fatter because of this. What crap.

As much as I despise UD, I totally agree. It is a way for MLBPA to get some extra $$$ AND put a spin on it like they are doing us a favor. I admire that though, I think its cool to have the balls to do that. Oh well.

I cant believe they went as far as jersey cards. Will we see an UD all auto set? Sweetspot with no filler jerseys?

[pskell02]

This is a huge victory for collectors. Think about it. UD can essential only sell baseball cards of guys in street clothes with the city name. This will cut into the number of baseball releases each year. In turn, increasing the value of the products that are released. That is a huge win for guys like me that rip and flip. I'm glad UD got dragged through the mud in this settlement. They had it coming.

And if you think Ultimate was going to be the norm if this settlement had gone the other way, your out of your mind. The product was an inventory dump. Much better than the Topps Sig basketball sticker dump, but a dump none the less. Had they not been facing a kick in the balls from MLBP, the baseball release would have looked a lot like football, which is total garbage.

[armyatc22]

Originally Posted by pskell02

This is a huge victory for collectors. Think about it. UD can essential only sell baseball cards of guys in street clothes with the city name. This will cut into the number of baseball releases each year. In turn, increasing the value of the products that are released. That is a huge win for guys like me that rip and flip. I'm glad UD got dragged through the mud in this settlement. They had it coming.

And if you think Ultimate was going to be the norm if this settlement had gone the other way, your out of your mind. The product was an inventory dump. Much better than the Topps Sig basketball sticker dump, but a dump none the less. Had they not been facing a kick in the balls from MLBP, the baseball release would have looked a lot like football, which is total garbage.

agree completely with you on ult football...whats funny is people thought the football was going to be just like the baseball...umm nope!!! now hit me a marino auto tonight

[37Jetson]

Could MLB Properties use these two clauses to next go after Sportkings? I think that they have every right to do so because Sportkings is intentionally utilizing MLB property without paying their fair share. I have never respected unlicensed product companies.

Originally Posted by blowoutcards

– Upper Deck agreed it will not make any new sets of cards using MLB logos, uniforms, trade dress, or Club color combinations.

– 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.

[Brad]

Originally Posted by deltapi1049

"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.”

What arrogant stupidity. To put this victory on us as the winners is horse poop. We arent any better off because of this stupid settlement. All the people LIKED the way ultimate was done. MLBP was the one who had a problem with it, not us. The real winners are the pockets of MLBP which will be a little fatter because of this. What crap.

Full disclosure: deltapi1049 writes for UD's official blog...

There was confusion with the release as far as what was allowed and it sets a precedent for other sports/releases. Collectors liked it because in my opinion, UD purposely loaded it so they'd look like the victim when they eventually got in trouble for breaking the rules. If Ultimate was a crappy product like the overwhelming majority of their recent baseball releases, this wouldn't be an issue and nobody would care.

The fact is, they didn't have permission to release the product in the first place, so how good of a product it was is irrelevant. Panini could make some awesome baseball releases if they wanted to as well, but that argument doesn't mean they can ignore the rules either just because they'd make a good product.

[tom505]

Originally Posted by armyatc22

and dont expect to see any more "jumbo" sick nast patches like in 09 Ult in the future

dude, those were all fake anyway, c'mon.