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.

Report: Jonny Gomes has retired

KANSAS CITY, MO - OCTOBER 28:  Jonny Gomes of the Kansas City Royals looks on before Game Two of the 2015 World Series between the Royals and the New York Mets at Kauffman Stadium on October 28, 2015 in Kansas City, Missouri.  (Photo by Tim Bradbury/Getty Images)
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SB Nation’s Chris Cotillo hears from a source that former major leaguer Jonny Gomes has decided to retire from baseball. The 35-year-old spent the 2016 season with the Rakuten Golden Eagles in the Japan Pacific League, but he struggled at the plate, batting .169/.280/.246 in 75 plate appearances. Gomes left the Eagles by mutual consent back on May 11.

Gomes won a championship with the Red Sox in 2013 and the Royals last year. He ends a 13-year major league career having hit .242/333/.436 with 162 home runs in 4,009 trips to the plate.

Gomes was known as a clubhouse leader during his playing career, so it wouldn’t be surprising if he ends up coaching or managing in some capacity in the future.

What’s on Tap: Previewing Wednesday evening’s action

WASHINGTON, DC - MAY 14:  Marcell Ozuna #13 of the Miami Marlins celebrates a triple in the second inning against the Washington Nationals  at Nationals Park on May 14, 2016 in Washington, DC.  (Photo by Greg Fiume/Getty Images)
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Craig previewed this afternoon’s action. We have eight more games left in the evening, though.

The pitching match-ups aren’t at all exciting, sadly, but there are a few streaks to pay attention to tonight. Red Sox outfielder Jackie Bradley, Jr. is on a 28-game hitting streak, tying him with Wade Boggs for eighth-most in Red Sox history. Teammate Xander Bogaerts is on a 17-game hitting streak as well.

Marlins outfielder Marcell Ozuna has reached base in 31 consecutive games. And to think that owner Jeffrey Loria would have traded him during the offseason if not for manager Don Mattingly and hitting coach Barry Bonds speaking up in favor of keeping Ozuna.

The match-ups for Wednesday evening…

Arizona Diamondbacks (Rubby De La Rosa) @ Pittsburgh Pirates (Jeff Locke), 7:05 PM EDT

Toronto Blue Jays (Marco Estrada) @ New York Yankees (Ivan Nova), 7:05 PM EDT

Colorado Rockies (Chad Bettis) @ Boston Red Sox (Steven Wright), 7:10 PM EDT

Miami Marlins (Justin Nicolino) @ Tampa Bay Rays (Matt Andriese), 7:10 PM EDT

Milwaukee Brewers (Junior Guerra) @ Atlanta Braves (Mike Foltynewicz), 7:10 PM EDT

Baltimore Orioles (Tyler Wilson) @ Houston Astros (Collin McHugh), 8:10 PM EDT

Cincinnati Reds (Dan Straily) @ Los Angeles Dodgers (Scott Kazmir), 10:10 PM EDT

Oakland Athletics (Zach Neal) @ Seattle Mariners (Hisashi Iwakuma), 10:10 PM EDT

Video: Minor League Manager goes on epic rant

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Frisco RoughRiders manager Joe Mikulik got his money’s worth last night. He was ejected after arguing an automatic double play on an enforcement of the slide rule, and he didn’t go gently into that goodnight.

Rather, he threw things, kicked things, threw things and then subsequently kicked those same things, gave overly-demonstrative slides and safe signs and basically went all Earl Weaver/Lou Piniella on everyone.

Double-A baseball is the best minor league because you tend to see more prospects there than you do at Triple-A. But it’s also the best because, when you’re a manager who is not quite a heartbeat away from getting your shot at the big leagues, you’re a little less uptight about things. Or at least Mikulik was. Or maybe he was more uptight. I don’t know. He just went with it, and going with it has its charms.

 

(h/t Big League Stew)

A must-read oral history of the 1998 home run chase

7 Jul 1998:   American Leaguer player Mark McGwire #25 of the St Louis Cardinals and Sammy Sosa #21 of  the Chicago Cubs answer questions during  the Major League Baseball All-Star Game at Coors Field in Denver,  Colorado.The American  League defeated the
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It’s hard to believe that it’s been 18 years since Mark McGwire and Sammy Sosa captivated the nation with their epic chase of Roger Maris’ home run record. But it has been, and after years of reaction, counter-reaction and, of course, baseball’s reckoning with the performance-enhancing drugs which helped fuel the chase, it’s probably finally time to do our best to contextualize it historically.

Today one of my favorite news outlets does that with an oral history. All of the key figures weigh-in on it, from McGwire and Sosa to Bud Selig to Tony La Russa. Randy Johnson makes an appearance as well, reminding us that it wasn’t just the sluggers who had an amazing year in 1998. Indeed, his story, including his being traded to Houston and going on an amazing second-half run, has almost been lost to history.

This is bookmark material, my friends. For savoring later if you can’t read it now. And for revisiting at another time given the depths to the drama which justifies multiple readings. I’ll just warn you that there is some adult language in the story, but that’s to be expected given the passion the 1998 baseball season inspired.

Go check it out.