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Non-Sport Update's Card Talk News & Rumors Topps suing Former Artist for creating his own trading cardsGo | New | Find | Notify | Tools | Reply | |
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| New Card Talk Member |
Topps is suing Luis Diaz who worked for them before. Looks like he made his own sets and they are taking him to court. Someone posted it in one of the GPK Facebook groups. Here is a link. The Topps vs. Louis Diaz | ||
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| Member |
These lowlifes are really messing things up for us legit artists. | |||
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Diamond Card Talk Member |
A couple of legit artists are even messing things up for legit artists. It hasn't been mentioned on this forum, but its been an interesting year in some parts of your community. | |||
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| Member |
I won't pretend to understand trademark law, but I have seen plenty of other artists making markedly similar cards, including those in the GPK styles. I wonder why they are going after Diaz specifically. | |||
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Gold Card Talk Member |
Maybe he's the one ignoring the cease & desist orders. | |||
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| Gold Card Talk Member |
I know that he has a website from which he sells his artbooks/sketchbooks and most come with GPK like parody cards inserted in them. I think I have 2 different. But these cards don't look much dissimilar from some of the GPK like cards I have seen at the Philly show, given out by other artists. | |||
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| Bronze Card Talk Member |
Parodies are actually protected by the 1st Amendment. Look at the stuff MAD Magazine does. Parody is even in the title. They might have a tough time with this case if the artist choses to fight a long fight, which he won't because Topps knows they can drag it out, and force the artist to settle. They have deep pockets. They are trying to create an example out of him. If you read about how Topps treated Norman Saunders i'm suprised they can get any artist to work for them. The ultimate irony of all of this is that Garbage Pail Kids were *themselves* a parody of the now long forgotten Cabbage Patch Kids. They look like Cabbage Patch Kids. Even the logos of the two are similar, in that they are both on an arc.This message has been edited. Last edited by: Studio-Hades, | |||
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| Bronze Card Talk Member |
By lowlifes I assume you mean Topps. Who have been messing things up for legit artists for more than 60 years. | |||
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| Bronze Card Talk Member |
I think using the identical font used for the Garbage Pail Kids for his title was a really bad idea. So was putting it on the same arc the the original logo is on. | |||
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| Gold Card Talk Member |
These are good points especially the one about GPK being a parody itself.
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| Platinum Card Talk Member |
Garbage Pail Kids parody Cabbage Patch Kids What is it that 'Gavage Parody Kids' are a parody of? | |||
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| Bronze Card Talk Member |
Garbage Pail Kids, obviously  | |||
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| Platinum Card Talk Member |
How is it a parody (a feeble or ridiculous imitation) and not a knock off (a copy or imitation of someone or something popular)? https://www.merriam-webster.com/dictionary/parody https://www.merriam-webster.co...ctionary/knock%20off | |||
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| Diamond Card Talk Member |
Not for nothing, but why does anyone want to buy these Gavage Parody Kids in the first place? If you like the GPK kids and that is what your collection is made of, why bother with someone else's similar set. Whether you want to call these imitations, or knock-offs, or parodies of a parody, they are not the original licensed product, so why spend your money on it? | |||
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| New Card Talk Member |
Recently posted on Bleeding Cool website. Topps Sues Luis Diaz Over His Parody Of Their Parody – A Garbage Pail Court Case ... | |||
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| New Card Talk Member |
Garbage Pail Kids parody Cabbage Patch Kids What is it that 'Gavage Parody Kids' are a parody of?[/QUOTE] Garbage Pail Kids, obviously [/QUOTE]How is it a parody (a feeble or ridiculous imitation) and not a knock off (a copy or imitation of someone or something popular)? Some might be parodies of other things and also a few are making fun of GPK characters. From what I read on his site it started off as a Parody CD kind of like Weird Al Yankovic and he made sketch cards. Garbage Parody Kids CD Looks like Topps copied him, too.  52a by Luis Diaz, on Flickr | |||
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| Platinum Card Talk Member |
Very interesting. . . per the article Topps was not permitted fair use via the courts, and had to 'sign an agreement' with the copyright holders to continue to produce Garbage Pail Kids. | |||
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Platinum Card Talk Member |
My favorite parts: "During that initial run (first 3 years of GPK), the GARBAGE PAIL KIDS generated approximately $80 million in US sales and $20 million in overseas sales." "If Defendant’s activities are not enjoined, will continue to suffer irreparable harm and injury to Topps’goodwill and reputation." ____________________ Just because it's rare doesn't mean it's valuable. | |||
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| New Card Talk Member |
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| Diamond Card Talk Member |
Both parties should just settle out of court and be done with it. There is no clear winner here because at this point its parodies copying parodies and its going to be hard to prove which one came first and if the influence is enough to call it a copy or just another similar, but original work. It could drag on for a long time in court. Only the lawyers win. | |||
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