A cease and desist order for 2008 UD legendary Cuts BB

[iluvfish2]

All:
Upper Deck has become aware of the Temporary Restraining Order (“TRO”) issued by the United States District Court, Southern District of Indiana – Indianapolis Division, regarding the advertising and sale of Upper Deck’s 2008 MLB SP Legendary Cuts product. Upper Deck takes this matter very seriously and will comply with the TRO issued by the Court, unless and until it is lifted. Upper Deck requests that all other parties affected by the TRO do the same. Upper Deck is currently evaluating its options, both legal and otherwise.

Thank you,

Upper Deck

[gomiamigo]

And thank you for the quick update! If UD used CMG likenesses after losing the negotiations to Topps...then wow.

[iluvfish2]

Just got this from Tuff Stuff

TOP STORY
TOPPS SUING UD OVER USE OF 'EXCLUSIVE' IMAGES
Topps and CMG Worldwide Inc. have filed a trademark infringement lawsuit in Indianapolis against Upper Deck, citing the California-based company wrongfully used images and names of select players whose rights are licensed by Topps.

The suit, filed Monday, surrounds Upper Deck's 2008 MLB SP Legendary Cuts Baseball brand that features Hall of Fame players under the umbrella of celebrity-licensing agency CMG Worldwide Inc. Topps announced in April an exclusive card licensing deal with CMG that provided the company with exclusive rights to 16 baseball legends, including Ty Cobb, Lou Gehrig and Jackie Robinson. The lawsuit targets Upper Deck's use of Gehrig, Robinson, Mel Ott, Jimmie Foxx, Rogers Hornsby, Thurman Munson, George Sisler and Johnny Mize.

The suit states Upper Deck lost the right to use those players' information after its contract with CMG expired and Topps signed the exclusive deal. In the complaint, Topps said it "would not have entered into these agreements without having the rights to the legends' intellectual property on an exclusive basis."

Court documents state that under the agreement with CMG, Topps was granted "The exclusive right and license . . . to use the property in connection with the cards (trading cards) as outlined below: Property's name, likeness and/or statistical data on and in connection with the manufacture, production, marketing, distribution and sale of all trading card products including but not limited to base cards, relic cards featuring authentic cut signatures and/or pieces of game-used equipment such as bats, caps. etc., event/milestone cards, advertising and/or promotional cards, game cards, digital/electronic cards and stickers."

Upper Deck released the following statement regarding the latest developments: "Upper Deck has not been served by either CMG or Topps with a summons or complaint, nor has it had an opportunity to fully review the allegations contained therein. Nonetheless, based upon the information available to it, Upper Deck believes that the lawsuit is factually and legally inaccurate. Upper Deck will vigorously defend itself, and pursue all remedies available to it pursuant to the law, in this matter."

Topps is seeking unspecified monetary damages and a court order barring Upper Deck from using the above names and images in its upcoming products. SP Legendary Cuts was scheduled to release today.

[Vintage Collector]

Wow, even base cards. lol

[iluvfish2]

I found that interesting as well. Pretty much any resemblance of the player...wonder if that would include sketches and/or associations (Say instead of using Mickey Mantle as a baseball player...maybe show a picture of him at a bar, or Ruth with with a stogie)?

[gomiamigo]

'under the agreement with CMG, Topps was granted "The exclusive right and license . . . to use the property in connection with the cards (trading cards) as outlined below: Property's name, likeness and/or statistical data on and in connection with the manufacture, production, marketing, distribution and sale of all trading card products'

CMG can say this all they want, but it's false. Lotsa people [firms] claim rights and assets they don't have. MLB/NFL do it every day.

I have a photo I took of [insert famous living or dead player - Schmidt, Reggie, Caminiti, etc.] I have the rights to photo, in all its forms.
I can use MLB stats for whatever desire as per last week's US SC ruling on this exact issue.

Supreme Court rejects fantasy baseball dispute | Tech news blog - CNET News.com

'C.B.C. won at the district court level and again last year at the appeals court level, which held that the company's "first amendment rights in offering its fantasy baseball products supersede the players' rights of publicity."'


Photo on front, stats on back = trading card. CMG may not intefere with my production of said card and if they do I can sue for tortious interference and get 3x damages [or more.]
And I can certainly produce ANY card I want that says "Ruth" on it - i.e. Barry Bonds passed Babe Ruth on the HR list on this date in time, etc.

So, back to the facts at hand: If and only IF Upper Deck used CMG's rights without permission does Topps/CMG have a legit case. Hence the TRO, which can be removed when the Judge hears the rest of the story.

That explains why UD pulled the day before release - CMG walked into court and asked for a TRO. Procedurally, it's effectively an unopposed action, so UD is almost guaranteed to lose by default.

[gomiamigo]

Anyone can probably pull the Brief and TRO off the 'Net somewheres, if interested.

[Jiggs]

Sounds like to me its just a dick swinging contest. SPLC is a very hot and anticipated item this year and I think Topps is just jealous.

[cardsrus1]

Originally Posted by gomiamigo

I have a photo I took of [insert famous living or dead player - Schmidt, Reggie, Caminiti, etc.] I have the rights to photo, in all its forms.
I can use MLB stats for whatever desire as per last week's US SC ruling on this exact issue.

I sure hope you are not a lawyer! For any player you must have their permission to include them. Active players are covered by MLBPA except for Barry Bonds (when he was active), the old timers and their families have agents or companies such as CMG that represent them.

[fm8418]

Originally Posted by Jiggs

Sounds like to me its just a dick swinging contest. SPLC is a very hot and anticipated item this year and I think Topps is just jealous.

why? Topps' product seems much better.