A cease and desist order for 2008 UD legendary Cuts BB

[blowoutcards]

(BREAKING NEWS: TOPPS SUES UPPER DECK FOR RIGHTS VIOLATIONS RE; DEAD PLAYERS)

In what has become a hobby nightmare and will be for some weeks to come, some distributors had already begun shipping UD SP Legendary Cuts to their customers who are at least a two day ship from their facility. There are so many hobby stores who don't have the ability to walk into their wholesalers and who depend on product being on hand on release day (Thursday for UD SP LC) the distirbutors ship it to arrive on that release day.

A cease and desist order was issued via email by attorneys for CMG (See below) today to UD distributors to stop selling it. No word yet on what is happening on the Upper Deck side but it looks as if the bulk of the product has been shipped ready for release tomorrow. At this point UD had not communicated a response to distributors. A check of distributors shows some have stopped selling it, while others have not.

Some west coast accounts report having it already and the cost has gone up. Factory cost is $80 and normally what you would see on eBay is $85 or so but it's running about $100. Once word gets out fully expect the price to dramatically increase.

Now we pick up the balance of the story...

Topps Company has filed suit in federal court in Indianapolis against Upper Deck claiming the latter's use of certain players in its upcoming Legendary Cuts product, violates a contract between Topps and rights holder CMG Worldwide, Inc. Upper Deck previously held the contract for the rights of these key players with CMG but let the contract expire.

Topps negotiated the new deal with CMG and had strong plans to kick off the use of players such as Lou Gehrig, Jackie Robinson and a few other players in it's Triple Threads product due sometime this summer. CMG joined in the suit filed in Indianapolis where it is based.

"Topps would not have entered into these agreements without having the rights to the legends intellectual property on an exclusive basis," the suit charges, further stating Upper Deck, "continues to knowingly, intentionally, willfully and maliciously infringe upon the exclusive rights purchased by Topps."

Other players in the HOF mix for Topps and CMG are Rogers Hornsby, Mel Ott, Jimmy Foxx, Thurman Munson, George Sisler and Johnny Mize. Upper Deck says it is still waiting to see the court filings and doesn't think the suit is accurate.

"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," said a statement from Upper Deck. "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 the law in this matter."

Things between Topps and Upper Deck hit their key boiling over point last year when Upper Deck tried to buy Topps out from under Michael Eisner. The two did battle in a Delaware court with rampant charges flailing back and forth between the two. The two sides were easily at their nastiest during the suit.

Topps eventually won out by selling the company to Eisner for $385 million despite a higher bid by Upper Deck. Topps said UD could not back it's offer and just wanted a look at exclusive contracts. It would have had those rights under due diligence laws where one corporation attempts to buy another.

It remains to be seen where this suit takes the two. It might also delay the release of Triple Threads from Topps especially among older collectors.

-The brill report

[Jiggs]

upperdeck.com has removed SPLC from their release schedule.

[Bounty13]

14 years of collecting I've never seen anything like this in the hobby.

[fm8418]

glad I atleast got a order for a box in

[wyomedina]

Is there a chance Upperdeck could be made to not honor the redemptions of the players in question if they exist?

Sorry posted this 2x. I meant to post it here but put it in break forum

[Bounty13]

Originally Posted by fm8418

glad I atleast got a order for a box in

Doesn't mean you will get it. That is what a 'cease and desist' order does. Orders someone to stop doing something. Although I think Topps was a few days late, might be too hard to contain the rest of the cases from entering the market. Depending what the court said, the distributors might have to send any product back to UD.

Originally Posted by wyomedina

Is there a chance Upperdeck could be made to not honor the redemptions of the players in question if they exist?

The court ruling only applies to dead players, I doubt redemptions were made for these players... I don't see them signing anytime soon.

[wyomedina]

Ok, I was just wondering if some of the dead players were part of the mystery cuts. Or are the mystery cuts non athletes?

[Bounty13]

Originally Posted by wyomedina

Ok, I was just wondering if some of the dead players were part of the mystery cuts. Or are the mystery cuts non athletes?

Sorry I don't know. If that is the case, I'm pretty sure they would get in more legal trouble. Then again, what has stopped them in the past from not honoring legitimate redemptions? lol

[fm8418]

Originally Posted by Bounty13

Doesn't mean you will get it. That is what a 'cease and desist' order does. Orders someone to stop doing something. Although I think Topps was a few days late, might be too hard to contain the rest of the cases from entering the market. Depending what the court said, the distributors might have to send any product back to UD.



The court ruling only applies to dead players, I doubt redemptions were made for these players... I don't see them signing anytime soon.

The George Washington pulled from Legendary cuts 08 was a redemption so you're wrong on the dead players.

And my box has shipped and it's going to be delivered tomorrow.

[gomiamigo]

Originally Posted by Bounty13

Doesn't mean you will get it. That is what a 'cease and desist' order does. Orders someone to stop doing something. .... Depending what the court said, the distributors might have to send any product back to UD.

I didn't see anything about a court order, or a court saying anything, just what CMG's attorneys said, which UD seems to have listened to, doesn't mean anyone else has to do so. It is nearly impossible to get a Federal Court to issue a ruling in these IP cases in <24 hours, I doubt that the complaint had even been opened by a judge by the time this article appeared.

If there is a court order, someone post the news article or linky, as this is interesting.

UD likely pulled them back ahead of time with the thought of simply re-releasing them if/when they win their case. If they used non-CMG photos of Robinson, Ott, Gehrig, et al, Topps has no case. I've taken photos of famous players over the decades, sure you guys have as well - UD could have bought those and used them. Happens every day.