Card Wars heating up. TOPPS suing UD - Topic Powered by Eve For Enterprise

I saw this posted on a couple of sportscard boards.

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

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.

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 both key products in the mix for the manufacturers. Both Triple Threads from Topps and Legendary Cuts from UD are highly anticipated, especially among older collectors.

-The Brill Report

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The Legendary Cuts was just being released so some cases have shipped to buyers from their vendors before the cease and desist order. It could be interesting to see what the prices for those cases do if this doesn't get resolved and the vast majority of cases never get released. TOPPS timed their legal manoeuver absolutely perfectly if they intended to hurt UD as much as possible, right at release for a big product. This could be a big publicity nightmare too bringing to light UD's practices. They've had so many "oops, we knew we weren't supposed to include card x in our release but some made it into packs anyways" moments, like the recent Clinton card.

____________________
"Man muss entweder der Hammer oder der Amboss sein" (you must be the hammer or the anvil)

-Goethe

Ad pulchritudinem tria requiruntur: integritas, consonantia, claritas.
(Three things are required for beauty: wholeness, harmony, radiance.)

Posts: 4870 | Location: Vancouver/B.C./Canada | Registered: October 13, 2001

igman7

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