tigsfan
Bench Warmer
How's this going to effect future products by Upper Deck & Topps???
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 (June 9), 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 player’s 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 its upcoming products. SP
Legendary Cuts was scheduled to release Wednesday (June 11).
Scott Fragale
Tuff Stuff Website Editor
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 (June 9), 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 player’s 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 its upcoming products. SP
Legendary Cuts was scheduled to release Wednesday (June 11).
Scott Fragale
Tuff Stuff Website Editor
They have been ordered to stop all shipments already
