(update: Topps Sues Upper Deck For Rights Violations Re; Dead Players)

[blowoutcards]

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

(June 11, 2008) A federal court in Indiana has issued a Temporary Restraining Order halting the sale of 2008 SP Legendary Cuts by Upper Deck, it's distributors and agents immediately. Judge Richard Young issued the order June 10 and it lasts though JUne 20 or until it can be shown otherwise in a hearing. Topps and CMG, the company which owns the rights to a number of deceased players which Topps has licensed and which Upper Deck had previously licensed, is enjoined in the suit with Topps.

"Plaintiffs have shown that defendants (Upper Deck) conduct may cause irrparable harm and they are without adequate legal remedy for the conduct because of the irretrievable loss of good will, reputation, and standing with it's clients, customers and/or licenses if defendant is permitted to release defendant's cards into the marketplace," the request for the TRO states.

The cards were to be released Thursday, June 12, 2008, although some have already released into the marketplace. Companies traditionally stagger releases of products so those on the east coast get them the same day as the west coast. Distributors get them usually in advance and begin shipping to customers ahead of time so those customers can have them for release day. Some have already shown up on the Internet.

The court also ordered Upper Deck must notify by mail (email not included in the order) everyone who is to sell the product the court has issued the order. It must also stop advertising in every means this product. Upper Deck did send an email to customers today (Wednesday) stating the following...

"Upper Deck has become aware of the TRO ... regarding the advertising and sale of Upper Decks 2008 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 it's options, both legal and otherwise."

Interestingly enough, the order requires UD to be informed of the TRO and the order itself talks about not allowing the use or advertising by agents of Upper Deck, but nowhere does it specifically say the items cannot be sold by third parties, ie, dealers who bought and paid for and have possession of the product.

This leaves dealers up in the air as to the matter of the legality of selling the product. It might seem unlikely the court would go after such deales who have a box or a case and who sell it. It might all come back to UD rather than the dealers, but we are seeking more clarity on this matter.
-The brill report