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: Royals and Eric Hosmer have discussed a long-term contract extension

SAN DIEGO, CA - JULY 12:  Eric Hosmer #35 of the Kansas City Royals and the American League rounds the bases after hitting a home run against the National League in the 2nd inning of the 87th Annual MLB All-Star Game at PETCO Park on July 12, 2016 in San Diego, California.  (Photo by Denis Poroy/Getty Images)
Denis Poroy/Getty Images
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Ken Rosenthal of FOX Sports reports that the Royals and first baseman Eric Hosmer have discussed a long-term contract extension. However, Hosmer also indicated that he will head into free agency if a deal is not consummated by Opening Day.

Hosmer, 27, avoided arbitration with the Royals last month, agreeing to a $12.25 million salary for the 2017 season. He is one of four key Royals players who can become a free agent after the season along with Mike Moustakas, Alcides Escobar, and Lorenzo Cain. If Hosmer does reach free agency, he would arguably be the top free agent first baseman.

Hosmer finished the past season hitting .266/.328/.433 with 25 home runs and 104 RBI while making his first All-Star team.

Yankees sign Jon Niese to a minor league deal

PHOENIX, AZ - AUGUST 17:  Jonathon Niese #49 of the New York Mets delivers a pitch during the first inning against the Arizona Diamondbacks at Chase Field on August 17, 2016 in Phoenix, Arizona.  (Photo by Jennifer Stewart/Getty Images)
Jennifer Stewart/Getty Images
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Joel Sherman of the New York Post reports that the Yankees have signed pitcher Jon Niese to a minor league contract, pending a physical. Assuming the deal is finalized, Sherman notes that the Yankees will have Niese work as both a starter and a reliever in big league camp this spring.

According to Sherman, the Yankees were interested in lefty relievers Jerry Blevins and Boone Logan, but didn’t want to commit at their asking prices. They are looking for a lefty set-up man along with Tommy Lane.

Niese, 30, pitched for the Pirates and Mets last season, finishing with a 5.50 ERA and an 88/47 K/BB ratio over 121 innings.