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.

Angels sign outfielder Rafael Ortega to one-year contract

Rafael Ortega
AP Photo/John Bazemore
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According to the official Twitter account of the Los Angeles Angels of Anaheim, the club has agreed to terms on a one-year major league contract with outfielder Rafael Ortega.

It’s worth the MLB minimum, which should be a little north of $507,000 in 2016.

Ortega was once considered a top prospect in the Rockies’ minor league system, but he has made only six total plate appearances at the big league level since signing out of Venezuela in 2008. The 24-year-old batted .286/.367/.378 with two home runs and 17 stolen bases in 131 games this past season for the Cardinals’ Triple-A affiliate in Memphis.

He’ll be in the running for an Opening Day roster spot next spring in Angels camp.

Report: Ben Zobrist’s price tag is currently four years, $60 million

Ben Zobrist
AP Photo/Charlie Riedel
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Ben Zobrist will turn 35 years old early next summer, but that doesn’t seem to be putting too much of a dent in his free agent value.

According to Jeff Passan of Yahoo Sports, the “sense among interested teams” is that Zobrist’s price is currently hovering around four years, $60 million and it “may go higher.”

There was a report from FOX Sports’ Ken Rosenthal on Sunday stating that the Mets have made Zobrist their “No. 1” offseason target, and over a dozen other clubs have linked to him since the World Series ended. That’s the kind of attention you command when you can both hit — Zobrist posted an .809 OPS (120 OPS+) in 2015 — and also cover a range of positions defensively.

He makes sense for just about any club looking to contend in the coming seasons.

Wilin Rosario elects to become free agent

Wilin Rosario
AP Photo/Lenny Ignelzi
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Wilin Rosario was designated for assignment by the Rockies late last month. Now, according to Thomas Harding of, the 26-year-old former National League Rookie of the Year vote-getter has elected to become a free agent.

Rosario is a bad defensive catcher and wasn’t much better when the Rockies tried him at first base, but he should draw some interest from American League teams looking for a bench bat and part-time DH.

Rosario slugged 28 home runs for the Rockies in 2012 and he’s averaged 26 home runs for every 162 games over the course of his five-year major league career.

He boasts a .319/.356/.604 career batting line against left-handed pitching.

Orioles acquire Mark Trumbo from Mariners for Steve Clevenger

Mark Trumbo
AP Photo/Joe Nicholson

As first reported by Bob Dutton of the Tacoma Tribune and now confirmed by CBS Sports’ Jon Heyman, the Mariners have traded first baseman and corner outfielder Mark Trumbo to the Orioles in exchange for catcher and first baseman Steve Clevenger. There is also a second player headed to Baltimore in the deal.

This feels like an admission from the O’s that they’re not going to be able to re-sign Chris Davis, who is said to be looking for more than $150 million in free agency.

Clevenger was out of options and the Orioles have both Matt Wieters and Caleb Joseph coming back at the catcher position. Wieters was due to become a free agent but accepted a one-year, $15.8 million qualifying offer from Baltimore last month.

Trumbo has always been a low-OBP guy and he rates as a poor defender everywhere he has played, but the 29-year-old has averaged 31 homers and 96 RBI for every 162 games in his six-year major league career. Camden Yards is a much better place than Safeco Field for him to show that power.