MLB Baseball and Upper Deck Settle

[jasonsportscard]

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.





The last point could really hurt ud, if they require mlb consent on jersey, patches etc. after all i am sure their relationship has been tarnished and mlb may really hit them in the wallet hard here if they choose to

 

[Triple B]

UD is screwed HARD if they can't airbrush photos. Should be interesting...sown and reaped.

 

[jasonsportscard]

good point, after all they do like to use the next second photos in a few years down the road with their products. guess they get to start from scratch again

 

[FrankToronto]

Upper Deck comments on MLB Properties settlement

Upper Deck issued the following statement on Wednesday evening after it settled its trademark infringement lawsuit with Major League Baseball Properties:

Today, the Upper Deck Company is pleased to announce that Upper Deck and Major League Baseball have mutually agreed to settle the lawsuit brought by Major League Baseball against Upper Deck. Per the terms of the settlement agreement, Upper Deck has agreed not to use MLB trademarks including team names and/or logos on its trading cards going forward. However, as part of the settlement, Upper Deck can and will continue to sell three recently released baseball products currently on store shelves: 2009 Signature Stars, 2009 Ultimate Collection and 2010 Upper Deck Series One.

“Upper Deck is pleased with the settlement including the amount the company paid as it relates to the trading cards released in 2010,” said Jason Masherah, Upper Deck’s director of Sports Brands. “As a company, we are changing the direction of Upper Deck’s baseball products going forward. We are looking forward to creating fresh and innovative set content that will continue to get collectors excited.”

Since its inception in 1989, Upper Deck has been the market leader for both its ability to create top-quality, super-premium products and for developing innovative programs that promoted baseball cards to kids.

“Great cards of great players have always been the cornerstone of Upper Deck products,” added Upper Deck Founder and CEO Richard McWilliam. “We’ll just have to see how innovative and creative we can become now.”

 

[FrankToronto]

– 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.

The last point could really hurt ud, if they require mlb consent on jersey, patches etc. after all i am sure their relationship has been tarnished and mlb may really hit them in the wallet hard here if they choose to

That's just it. In order for UD to issue anything MLB related, meaning cards with no pictures but just GU pieces similar to ITG's situation, then it may end up not being financially beneficial to do so. Might be best to just sell the memorabilia stock they have off.