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.
We’ve posted frequently on the topic of the old Tiger Stadium site. If you’ve kept up with it you know that the site, nearly overgrown with weeds and strewn with trash before being rescued by a group of volunteers called the Navin Field Grounds Crew, is now being slated for redevelopment by the Detroit Police Athletic League.
The PAL is committed to keeping a baseball field as part of the development, but they are also, quite unfortunately, committed to putting artificial turf down over the bit of Earth where baseball legends once walked and ran.
Backlash to the plan has begun, however. Not just from people like me or the Navin Field Grounds Crew, who are opposed to fake grass, but to an actual donor to the Detroit Police Athletic League:
With an annual contribution of $50,000 to Detroit PAL’s programs, the Lear Corporation has been a major benefactor of the nonprofit for years. But in light of PAL’s controversial plan to redevelop the Tiger Stadium site with artificial turf, Lear’s CEO is speaking out.
Matthew Simoncini says that Lear is withdrawing its financial support of PAL for its mishandling of this delicate issue.
“I believe the [PAL] plan is severely flawed [and] a terrible use of resources,” says Simoncini. “[It] does not preserve this site and provides [an] unsafe playing surface for the children,”
I’m guessing $50,000 is not the sort of money that will seriously hinder a real estate redevelopment plan, but it’s good to hear someone with a stake in all of this voting with their wallet. Here’s hoping more do and that, eventually, PAL understands that there are some things more important than saving some money at the front end of a project.
Evan Drellich of the Houston Chronicle shares the bad news …
One of the Astros’ big bats won’t be taking hacks when the Astros hold their first full workout on Feb. 23.
Astros designated hitter Evan Gattis recently underwent surgery to repair a hernia, the Chronicle has learned, taking away most of his spring training at a minimum. The recovery is four to six weeks but fortunately for Gattis and the Astros, the injury is not considered severe.
Gattis was working hard on his overall conditioning this winter, even telling MLB.com’s Brian McTaggart in late January that he had already dropped 18 pounds. It sounds like the big slugger might have gone a bit overboard with those workouts, and now he is in real danger of missing the first couple weeks of the 2016 regular season.
Gattis batted .246/.285/.463 with 27 home runs and 88 RBI in 153 games last season for the Astros. The 29-year-old is arbitration-eligible for the first time in his career and has a hearing with the Astros scheduled for February 16 to determine his salary for 2016. He requested $3.8 million and was offered $3 million when figures were exchanged a little over three weeks ago.
Suddenly the Astros’ front office might have a new talking point for those arbitrators.
At last check, new Cardinals reliever Seung-Hwan Oh was still awaiting a work visa from the United States Embassy in South Korea and there was some worry that he might not be able to arrive on time to spring training in Jupiter, Florida.
But that is now officially a non-story.
Derrick Goold of the St. Louis Post-Dispatch reports that Oh has recieved his work visa and is expected to report to Cardinals camp next week along with the rest of the club’s pitchers and catchers. Oh might even show up a bit earlier than the Cardinals originally asked him to, per Goold.
Oh saved 357 games in 11 seasons between Japan’s Nippon Professional Baseball and the Korea Baseball Organization before inking a one-year contract with St. Louis this winter. He also registered a stellar 1.81 ERA and 772 strikeouts across 646 total innings in Asia, earning the nickname “The Final Boss.”
Oh is expected to work in a setup role this year for Cardinals closer Trevor Rosenthal.
John Lamb was part of the Reds’ return package in last July’s Johnny Cueto trade and he had a strong showing at the Triple-A level in 2015. But the young left-hander posted a 5.80 ERA in a 10-start cup of coffee with Cincinnati late last season — his first 10 appearances as a major leaguer — and now comes word from MLB.com’s Mark Sheldon that Lamb will probably have to get off to a late start in 2016.
Lamb underwent surgery in December to repair a herniated disc in his back — a surgery that went unreported by the Reds until Tuesday afternoon. Reds manager Bryan Price acknowledged on MLB Network that Lamb is behind the team’s other starting pitchers and will likely open the coming season on the disabled list. The hope is that he might be ready by mid-April.
It’s a small but frustrating blow for a rebuilding Reds team that will be looking to establish some foundational pieces in 2016. Once he is recovered, Lamb will be expected to fill the Reds’ fifth rotation spot behind Raisel Iglesias, Anthony DeSclafani, Brandon Finnegan, and Michael Lorenzen.
This is going to be an ugly year for Cincinnati baseball fans.