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.

Bud Norris exits outing with right knee soreness

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Angels’ right-handed reliever Bud Norris made his 23rd appearance of the season on Friday, and after just three pitches, he was done for the night. He worked a 2-1 count to Marlins’ Dee Gordon in the eighth inning, then promptly exited the field after experiencing some tightness in his right knee. Neither Norris nor manager Mike Scioscia believe the injury is cause for major concern, and the 32-year-old right-hander admitted that it may have had something to do with his lack of stretching before he took the mound. For now, he’s day-to-day with right knee soreness, with the hope that the issue doesn’t escalate over the next few days.

While the Angels are lucky to have avoided serious injury, they’ll need Norris to pitch at 100% if they want to stay competitive within the AL West. They currently sit a full nine games behind the league-leading Astros, and haven’t been helping their cause after taking five losses in their last eight games. Friday’s 8-5 finale marked their third consecutive loss of the week.

 

When healthy, Norris has been one of the better arms in the Angels’ bullpen. Through 23 2/3 innings, he’s pitched to a 2.66 ERA, 3.4 BB/9 and an outstanding 11.8 SO/9 in 23 outings. The righty hasn’t allowed a single run in four straight appearances, recording three saves and helping the club clinch four wins in that span. This is his second setback of the year after sustaining a partial fingernail tear on his pitching hand during spring training.

Video: Max Scherzer sets record with 13-strikeout outing

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Max Scherzer is a force to be reckoned with. The Nationals’ right-hander delivered a season-high 13 strikeouts against the Padres on Friday, locking down his fifth win and his fourth double-digit strikeout performance of the year.

More remarkably, it was also the 53rd double-digit strikeout performance of Scherzer’s career, tying Clayton Kershaw for the most 10+ strikeout appearances by an active major league pitcher. Chris Sale is a distant third, with 43 to his name, though he’s been making considerable strides to catch up so far this spring.

Scherzer took the Padres to task on Friday night, whiffing 13 of 31 batters during his 108-pitch outing. He started strong, catching Allen Cordoba swinging on a 1-2 count to start the game and keeping the game scoreless until Ryan Schimpf unleashed a home run in the fourth inning. That was the first and final run the Padres managed off of Scherzer, who retired 14 consecutive batters following the blast and came one out shy of a complete game in the ninth inning. (Fittingly, Koda Glover polished off the win with a final strikeout, bringing the total to 14 on the night.)

It’ll take more than one stellar start to advance Scherzer and Kershaw on the all-time list, however. Their 53-game record ranks 13th, about 159 games behind second-place Hall of Fame hurler Randy Johnson and a full 162 games shy of the inimitable Nolan Ryan.