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.

Breaking Down the Today’s Game Hall of Fame Ballot: Lou Piniella

TORONTO - JULY 9:  Manager Lou Pinella of the Cincinnati Reds looks on during batting practice prior to the1991 All-Star Game at the Toronto Sky Dome on July 9, 1991 in Toronto, Ontario, Canada. (Photo by Rick Stewart/Getty Images)
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On Monday, December 5, the Today’s Game committee of the Baseball Hall of Fame — the replacement for the Veterans Committee which covers the years 1988-2016 — will vote on candidates for the 2017 induction class. This week we are looking at the ten candidates, one-by-one, to assess their Hall worthiness. Next up: Lou Piniella

The case for his induction:

He notched 1,835 wins, made seven postseason appearances, a won a World Series as a manager. That win total is good for 14th all time. Of the 13 men ahead of him, 12 are already in the Hall. The only who isn’t is Gene Mauch, who was under .500 for his career. Connie Mack and Bucky Harris are in that crowd and they were under .500 too, but Mack is kind of a special case as the all-time wins leader and Harris, well, I dunno, he hung around forever and the Veterans Committee was a different beast back in the 1970s. Point is, if you have Piniella’s win total and you’re over .500, as Piniella is, you’re probably getting in, at least eventually.

A lot of those wins came in some good places and at some good times, adding some psychological weight to that record. Taking the 1990 Reds to the World Series and beating the heavily favored A’s was a great story and, as the Reds’ last title for 26 years and counting, stands as a more memorable accomplishment than doing it someplace else. Likewise, his next job, in Seattle, coincided with the franchise’s best seasons thanks to the emergence of Ken Griffey Jr., Alex Rodriguez, Randy Johnson and Edgar Martinez under Piniella’s command. Mariners’ history fundamentally changed during the Piniella era and he will always be associated with that. Oh, and his 2001 team set the single season record for wins with 116. He made two playoff appearances with the Cubs too. That’s been eclipsed by the 2016 team’s exploits, but it was a pretty big deal at the time.

It’s also worth noting that Piniella likewise had a very fine playing career, with 18 seasons of 109 OPS+ hitting, a Rookie of the Year Award and a couple of World Series rings on his resume. That’s not enough by itself to get him in the Hall, but he presents a nice total package as a Baseball Man Supreme who has been thought highly of for close to 50 years now.

Oh, one other thing: he was colorful. He had a temper and a repuatation as kind of a red ass, with a good number of on-the-field incidents which stick in people’s minds. That sort of thing doesn’t necessarily make someone a good manager or a good person, but Piniella has been seen as a guy who mellowed with age and, at various times in his career, showed that he had a sense of humor about all of that stuff which makes it play a heck of a lot better. For Hall of Fame purposes, it certainly plays a heck of a lot more memorably.

The case against his induction:

His years in Tampa Bay weren’t all that great and, by the time his days in Chicago were over there was a sense that he was sort of running on fumes and padding that win total to get him into that top 14. In both places Joe Maddon eventually came along and did better things and, in some cases, undoing some bad things Piniella did. Some believe he should’ve won another pennant or two and, yes, some of those Mariners teams disappointed in the postseason. Some people look less amusingly on his temper tantrums over the years and, I suppose, one could characterize them a bit more sinisterly than I did above without being too dramatic.

Would I vote for him?

I think so. As I mentioned in the George Steinbrenner entry, when it comes to managers and executives, I put a lot of weight on whether one could tell the story of baseball in a guy’s era without mentioning his name. Piniella is no Joe Torre, Bobby Cox of Tony La Russa in that regard, but he’s pretty close to that group in terms of the figure he cut in the game and, as I mentioned, he’s critical to the story of a couple of franchises. Certainly the Mariners but also the 1970s Yankees as a player and, possibly, the 1990 Reds. I tend to be a softer Hall of Fame touch than a lot of people, so I get that people may disagree, but I’d put him in.

Will the Committee vote for him?

Hard to say. On the one hand, Piniella feels like the sort of baseball man that gets rewarded by the Veterans Committee. On the other hand, the Veterans Committee took ages to vote in some other notable managers such as Whitey Herzog, suggesting that maybe Piniella will have to wait. This is the first year for the new composition of the Veterans Committe, however, so it’s hard to say if they’ll be tougher or easier graders. He may be the hardest call of all of the guys on this year’s ballot.

Twins hire James Rowson as their hitting coach

BOSTON, MA - June 4: The Minnesota Twins logo is seen during the fifth inning of the game against the Boston Red Sox at Fenway Park on June 4, 2015 in Boston, Massachusetts. (Photo by Winslow Townson/Getty Images)
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The Minnesota Twins have announced that they have hired James Rowson as their hitting coach.

Rowson was the minor league hitting coordinator for the New York Yankees for seven of the last nine seasons, interrupted by a short stint with the Chicago Cubs as minor league hitting coordinator. He also worked at the minor league levels with the Los Angeles Angels. He played in the minors for the Seattle Mariners and Yankees.

Rowson replacesTom Brunansky, who was hitting coach for the past four seasons.