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ESPN is now reporting that the lawsuit is official, even though there has not been any returned calls from UD's reps. By releasing Ultimate Collection with logos, as well as Signature Stars and UD Base Series One, they were pretty much asking for a Sub Zero freeze ball upper cut with spine rip. Yes, this could spell disaster unless they have found a way to circumvent the license agreement.
It does state VERY clearly on every card and box that MLB does not license the product, and there are no team names or logos on the card borders or back side. This could be the saving grace of this suit, as other sets have toyed with this idea and squeaked through the defense.
Who knows, this may be the finishing blow that we all knew was coming.
Work uniforms, and their accompaning logos are usually free use in other industries from what I've been told/read. I'm going to guess that will be their defense.
ReplyDeleteI think you're reaching - even if UD loses the suit, it wouldn't push them into bankruptcy, hell they just write the loss off on taxes. They have far more assets in their favor.
ReplyDeleteBesides, you don't think they KNEW this was going to happen? I do.
When the cards say "Not Authorized by Major League baseball," doesn't that openly admit in writing that this is ilegal? Seriously, that has to be the dumbest thing I have seen! Is UD stupid and looking at the short term and trying to re-coup it's costs and make a small amount of money on this product release? Is it really that worth it? How about looking at the long term UD! I personally don't think the exclusive agreements will last after the 3 or 4 years, but isn't UD shooting itself in the foot right now? What if the baseball card market opens back up in a few years, do you think MLB will want to play 'ball' with UD? It's doubtful! Then again... will UD be in business in 3 or 4 years? If UD has an ounce of a brain cell, it would pull the new baseball releases off the shelves and count their losses! Good news is these cards could very well end up being a 'short print' and very rare if they are pulled off the shelves!
ReplyDeleteIn a way, I would like to see Upper Deck win if it meant an end to these ridiculous exclusive deals.
ReplyDeleteAmen to the end of exclusive agreements! Hurts the card industry and makes us card collectors mad at the professional sports leagues!
ReplyDeleteI believe Upper Deck's big problem is the fact that the team logos on the player's uniform is visible. These are no doubt trademarked by MLB, and as such can only be used Upper Deck (or anyone else) if they are given permission to do so, such as through a licensing agreement.
ReplyDeleteAs such, the fact that the players are wearing "work uniforms" or that Upper Deck "MLB does not license the product" probably won't save them.
This attempt of revenge is going bite them hard. This is not a shot at Michael Eisner (Michael Buysner card) and Barry Bonds (asterisk card). This is multi-millionaire MLB and you don't cross and piss them off. Upper Deck is about to sign their death warrant
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