MLB beats the hell out of Upper Deck

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Major League Baseball sued the Upper Deck baseball card company about a month ago for releasing baseball cards with team logos and stuff without having a license to do so. The case settled yesterday.  All that’s missing from the settlement terms is a provision which requires Upper Deck’s CEO to be Bud Selig’s butler for the next ten years:

  • Upper Deck pays MLB more than $2.4
    million it owed on back debts.  The suit was for $2.4 million. If you’re settling for the requested amount a month after the complaint was filed you have been pwned.
  • Upper Deck pays MLB “a substantial
    sum of monies” for the unlicensed cards it sold in 2010.  The amount is confidential, but based on the other terms, it was probably a lot.
  • Upper Deck agrees not to make any new sets of cards using “MLB logos, uniforms, trade dress, or Club color combinations.”  Color combinations? I’ve got very little intellectual property law experience, but if someone has the rights to use his photo and everything, can they really get sued for putting out a card of, say, Nick Swisher with a simple navy and white border?  If so, is MLB going to go after every blog, magazine, sports bar, advertisement and everything else that uses a team’s colors? Seems a bit much.
  • Upper Deck agrees it will not airbrush, alter or block MLB marks in future products.  Which is really sad, because I kinda miss cards like this one. And this one, on which people always miss the airbrushing for some strange reason. The last place were we get that kind of craftsmanship is when ESPN or Yahoo! change the players’ hats and jerseys in their little player-page headshots after they’re traded.
  • Upper Deck must receive approval from MLB for the use of baseball
    jerseys, pants, jackets, caps, helmets or catcher’s equipment in future
    products featuring players. This too is harsh. So much so that I get the feeling MLB just put this one in the demand letter to see if Upper Deck would agree to it. They’re probably laughing now. If I was Upper Deck, however, I’d use this term to my advantage. Next year: baseball’s first all-nude card set.  Now that Antonio Alfonseca is retired it’s probably safe enough to dip a toe into those waters.

Oh, and one last thing.  The statement released by MLB:

“Our settlement in the case against Upper Deck is a clear and decisive
victory for Major League Baseball. Upper Deck will be unable to release baseball trading cards that
incorporate Major League Baseball’s intellectual property in the
future.  The real winners today are the millions of fans who collect
baseball cards.  They will be able to clearly identify official Major
League Baseball trading cards without any confusion.”

Last rule of a settlement: if you can’t get the other guy to agree to some sort of neutral joint statement that doesn’t have someone declaring victory, it is less a settlement than it is a total reaming.  Come to think of it, Upper Deck should have just offered the butler thing and taken their chances with a jury if it didn’t work out.

Blue Jays acquire Rob Refsnyder from Yankees

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The Blue Jays acquired Yankees’ infielder/outfielder Rob Refsnyder for first base prospect Ryan McBroom, the teams announced Sunday. Refsnyder was designated for assignment by the Yankees earlier in the week and is expected to report to Triple-A Buffalo, while McBroom could find a landing place on the Blue Jays’ Double-A roster in Trenton.

Refsnyder, 26, had trouble heating up at the plate during his third campaign with the Yankees. He batted .135/.200/.216 with a double and two stolen bases through his first 40 PA in 2017 and was optioned to Triple-A Scranton/Wilkes-Barre coming out of the All-Star break. His numbers solidified during a 38-game stint in Triple-A, where he posted a .312/.390/.464 batting line with 15 extra-base hits in 159 PA. He’s not slated for a major league gig with the Blue Jays just yet, but could see some time at second base behind Ryan Goins and Darwin Barney, especially with Devon Travis and Troy Tulowitzki still on the mend.

McBroom, 25, was ranked No. 30 among the Blue Jays’ top prospects in 2017. He profiles as a bat-only first baseman with little speed or range in the infield, and was working through his second season at Double-A New Hampshire prior to the trade. He entered Sunday slashing .243/.321/.402 with 12 home runs through his first 392 PA of the year.

The Marlins won’t deal Giancarlo Stanton before the trade deadline

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Marlins’ president of baseball operations Michael Hill told reporters Sunday that he has no intention of dealing Giancarlo Stanton, Christian Yelich, Justin Bour, J.T. Realmuto, Marcell Ozuna or Dan Straily at the trade deadline this July. That’s a decision he feels would be better left in the hands of the Marlins’ new ownership, though the hand-off may still be a ways away.

That doesn’t mean that teams aren’t interested in the club’s core players, however. From Clark Spencer of the Miami Herald:

It’s not stopping calls from coming in,” Hill said of the interest. “It’s been fairly consistent, with people checking in to see where we’re at to see if we may be open to expanding the players we’re talking about. But we haven’t put any of those guys in play.

ESPN’s Buster Olney adds that there’s a catch-22 when it comes to moving superstars like Stanton. He represents the face of the franchise and one of the team’s most significant assets, but the remainder of his 13-year, $325 million contract also makes up a sizable portion of the Marlins’ debt.

While the club may not be ready to deal some of their marquee players just yet, they don’t intend to sit pat at the deadline, either. They’re still looking to shed some payroll in the bullpen after dealing right-handed reliever David Phelps to the Mariners and appear to be listening to multiple offers on fellow righty A.J. Ramos. Ramos, 30, has seen mixed results over his first 37 1/3 innings of 2017 with a 3.86 ERA, 4.8 BB/9 and 11.1 SO/9, though Hill appears optimistic that the Marlins can extract considerable value from a trade.