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Monday, February 15, 2010

BTW UD Lawsuit.

Quinn Emanuel is a big time firm that was in the Barbi/Bratz litigation. Here's my view.

Upper Deck will win. Mark it Dude!


Alex said...

I certianly hope not.

Besides I wouldn't be so certain, unless trademark/copyright law is a lot different in the US than it is in Australia. I think the outcome is really uncertain.

stusigpi said...

Taking a picture of someone that has a logo or trademark on them is not such a clear cut violation. My statement was more of a prediction. And yes, copyright law is very different.

Australia has fair dealing which is much more limited to the US version of Fair Use.

The US system is a 4 part balancing test which is all subjective in nature. As a lawyer, i can tell you that if a judge wants to stick it to MLB then they can.

Where UD has a leg up is that they are licensed by MLBPA. Donruss was not.

Anonymous said...

I may not like some of UD's business practices. They have done some stupid things (but ALL companies have), but there will be a very large void in the hobby when they are gone. I just hope that doesn't happen. Competition breeds innovation. I just hope it does end the exclusive stuff.

Captain Canuck said...

okay lawyer dude... you say UD will win.
what does that mean to us?

card sets by everyone in every sport with full logos and team names?
free popcorn?
a poke in the ass with a sharp stick?

stusigpi said...

That means that companies that are licensed by MLBPA, to use the likeness of the player, will be able to produce cards as long as they do not use logos, incidental logos on uniforms in pictures don't count, can produce cards as long as they clearly mark that they are not licensed or endorsed by MLB. So yes, companies can produce what they like as long as they follow what UD did.

Motherscratcher said...

OK - so does that then mean that UD and other unlicensed companies will be able to produce better sets than Topps because they aren't held to the same restrictions? Topps sets can only use a certain percent of retiered players and other stuff like that, correct?

grant said...

I hope UD wins! I don't want to be in this hobby if All I get to see is topps and Their Million card giveaway, triple threads and more great stuff like ticket to stardom, that was an awsome set! thier getting predictable and boring. 2010 A&G looks alight Grant