Non-Sport Update's Card Talk
Topps suing Former Artist for creating his own trading cards

This topic can be found at:
http://nonsportupdate.infopop.cc/eve/forums/a/tpc/f/955604453/m/2807032886

November 03, 2017, 06:18 PM
Ana Napoles
Topps suing Former Artist for creating his own trading cards
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
November 06, 2017, 10:16 AM
Justice41
quote:
The Topps vs. Louis Diaz

These lowlifes are really messing things up for us legit artists.
November 06, 2017, 01:03 PM
Raven
quote:
Originally posted by Justice41:
quote:
The Topps vs. Louis Diaz

These lowlifes are really messing things up for us legit artists.


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.
November 06, 2017, 04:23 PM
weasel-king
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.
November 06, 2017, 04:51 PM
Raj
quote:
Originally posted by weasel-king:
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.


Maybe he's the one ignoring the cease & desist orders.
November 06, 2017, 05:33 PM
Tommy C
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.
November 07, 2017, 03:37 PM
Studio-Hades
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,
November 07, 2017, 03:38 PM
Studio-Hades
quote:
Originally posted by Justice41:
quote:
The Topps vs. Louis Diaz

These lowlifes are really messing things up for us legit artists.



By lowlifes I assume you mean Topps. Who have been messing things up for legit artists for more than 60 years.
November 07, 2017, 07:36 PM
Studio-Hades
quote:
Originally posted by Raven:
quote:
Originally posted by Justice41:
quote:
The Topps vs. Louis Diaz

These lowlifes are really messing things up for us legit artists.


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.



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.
November 07, 2017, 10:10 PM
catskilleagle
These are good points especially the one about GPK being a parody itself.



quote:
Originally posted by Studio-Hades:
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.

November 07, 2017, 10:12 PM
webjon
quote:
Originally posted by Studio-Hades:
Parodies are actually protected by the 1st Amendment. Look at the stuff MAD Magazine does. Parody is even in the title.


Garbage Pail Kids parody Cabbage Patch Kids

What is it that 'Gavage Parody Kids' are a parody of?
November 08, 2017, 02:34 AM
Studio-Hades
quote:
Originally posted by webjon:
quote:
Originally posted by Studio-Hades:
Parodies are actually protected by the 1st Amendment. Look at the stuff MAD Magazine does. Parody is even in the title.


Garbage Pail Kids parody Cabbage Patch Kids

What is it that 'Gavage Parody Kids' are a parody of?


Garbage Pail Kids, obviously


November 08, 2017, 08:11 AM
webjon
quote:
Originally posted by Studio-Hades:
quote:
Originally posted by webjon:
quote:
Originally posted by Studio-Hades:
Parodies are actually protected by the 1st Amendment. Look at the stuff MAD Magazine does. Parody is even in the title.


Garbage Pail Kids parody Cabbage Patch Kids

What is it that 'Gavage Parody Kids' are a parody of?


Garbage Pail Kids, obviously



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
November 08, 2017, 11:03 AM
Raven
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?
November 29, 2017, 02:15 AM
Ana Napoles
Recently posted on Bleeding Cool website.

Topps Sues Luis Diaz Over His Parody Of Their Parody – A Garbage Pail Court Case



...
November 29, 2017, 02:20 AM
Ana Napoles
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
November 29, 2017, 02:52 PM
webjon
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.
January 23, 2018, 05:46 AM
mykdude
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."
February 26, 2018, 01:16 AM
Ana Napoles
Recent update. Very interesting.

Diaz Counterclaims
February 26, 2018, 01:43 PM
Raven
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.