MLB Properties files suit against Upper Deck

Posted Feb 1, 2010 by Bob D'Angelo

Updated Feb 6, 2010 at 05:43 PM

Upper Deck’s 2010 baseball cards have hit the shelves, and the Carlsbad, Calif., card company already is facing its first legal challenge over their newest baseball product.

On Monday, Major League Baseball Properties Inc. filed a trademark lawsuit seeking unspecified damages against Upper Deck in federal court in Manhattan.

According to the lawsuit, MLB accuses Upper Deck of continuing to sell baseball cards featuring pro baseball players even though the company is no longer licensed to show MLB trademarks. MLB had decided, beginning this year, to license only cards manufactured by Topps. Upper Deck’s baseball card sets are licensed by the Major League Baseball Players Association.

Whether the lawsuit sticks is open to conjecture right now. The tiny photo cutouts on the front of the card of Upper Deck’s 2010 set (the lower right-hand side) depict either a hatless player, or have his hat or uniform positioned in such a way that the logo is difficult — or impossible— to detect.

“Right now, it’s a ‘no comment,’” Terry Melia, Upper Deck’s public relations manager, said by e-mail Monday evening.

According to Beckett.com (www.beckett.com) Upper Deck sent a letter to distributors Friday defending its products (UD already has released the 2009 Ultimate Collection and the 2009 Signature Stars). The letter was in response to an earlier letter sent by MLB Properties asking distributors not to sell those UD products that were in question.

Interestingly, this year’s UD products are carrying a disclaimer explaining that the cards are not approved by MLB.

Beckett quoted several passages from the letter, including the contention that its products “are neither infringing nor unlawful.”

“Upper Deck has gone to great lengths to produce high-quality baseball trading cards that are respectful of MLBP’s trademark rights,” the letter said, according to Beckett.

Upper Deck does have precedent on its side. In July 1998, the U.S. Court of Appeals dismissed an injunction brought against Pacific Trading Cards for selling cards showing players in uniform. Those cards also were approved by the players’ association, but not MLB Properties.

I included a photo of one of the Signature Stars autograph cards, this one of Alexei Ramirez. A big thanks to Brian Banks of North Little Rock, Ark., for supplying me with the photo you see. I’ve also added an Upper Deck 2010 card image sent to me by Larry Brown of Canal Winchester, Ohio (from his collection). Thanks to both for their help.

As long as Upper Deck keeps the logos covered, I believe they have a pretty good case. The Rays card is close to being over the line, though.

I’d have to say that UD has been spending lots of cash on legal fees lately.

Monday’s lawsuit comes on the heels of Upper Deck’s settlement last week with Konami over a yearlong dispute about Yu-Gi-Oh! trading cards. On the eve of trial, the court issued several rulings in Upper Deck’s favor. The case was resolved after opening statements were presented to the jury. How much Upper Deck had to fork out has not been disclosed.