Submitted by VOTC on Fri, 02/05/2010 - 15:45
Card Corner Club has obtained the official Opposition Brief, filed by Upper Deck in response to the request by Major League Baseball Properties to issue a temporary restraining order on the distribution of questioned baseball cards.
Upper Deck makes it's case and provides their legal reasonings for producing baseball trading cards that use, what was thought to be, exclusive licensed logos and trademarks.
The attached document addresses these issues and more.
A. MLBP Has Not Shown That It Will Suffer Irreparable Harm
B. MLBP Is Not Likely to Succeed on the Merits Of Its Trademark Claims
1. MLBP Has Not Shown Consumer Confusion Is Likely
2. Upper Deck Cannot Compete In The Market For Baseball Cards Unless It Can Produce Cards that Contain Action Photographs of Baseball Players in Their Uniforms
3. Upper Deck’s Use of MLBP’s Marks Is Nominative Fair Use
4. MLBP Has Not Shown That Dilution Is Likely
C. MLBP Will Not Succeed On The Merits of Its Breach of Contract Claim
1. The License’s Language Prohibiting Non–Trademark Use Of The MLBP’s Marks After Expiration Of The License Is Unenforceable
After reading the document, weigh in with your opinions.
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UD's points ARE valid; the argument about the use of game photos is intriguing to me, especially because I work in the media and the media is allowed to use photos displaying the logos. There may be some legalese nuances to deal with there, but UD may have a case based on that.
Having said that, if UD wins, this could open the door for other companies with MLBPA licenses to produce cards. I find that intriguing.
They make some valid points and I love the part about Mom and Pop stores, ask em if they think about that when they make em buy cases of crap to get the good stuff...