MLB beats the hell out of Upper Deck - MLB

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.

ARLINGTON, Texas — The Texas Rangers signed Jacob deGrom to a $185 million, five-year deal in free agency last winter hoping the two-time NL Cy Young Award winner could help them get back to the playoffs for the first time since 2016 and make a push toward winning a World Series.

They also knew the risks, with the pitcher coming off two injury-plagued seasons with the New York Mets.

Even with deGrom sidelined since late April, the AL West-leading Rangers are off to the best start in franchise history – but now will be without their prized acquisition until at least next year. The team said Tuesday that deGrom will have season-ending surgery next week to repair a torn ulnar collateral ligament in his right elbow.

“We’ve got a special group here and to not be able to be out there and help them win, that stinks,” deGrom said, pausing several times with tears in his eyes. “Wanting to be out there and helping the team, it’s a disappointment.”

General manager Chris Young said Tuesday the decision on surgery came after an MRI on deGrom’s ailing right elbow, but the extent of what is required might not be determined until the operation is performed next week.

Tommy John surgery, in which the damaged ligament is replaced, is often needed to fix a torn UCL, but Young and the Rangers didn’t go as far as saying the pitcher would have that particular procedure. After being drafted by the New York Mets in 2010, deGrom made six starts in the minors that summer before needing Tommy John surgery and missing all of 2011, three years before his big league debut.

DeGrom last pitched April 28 against the New York Yankees, when he exited early because of injury concerns for the second time in a span of three starts. The announcement about surgery came a day after deGrom was transferred to the 60-day injured list.

Young said the latest MRI showed more inflammation and significant structural damage in the ligament that wasn’t there on the scan after deGrom left the game against the Yankees.

“The results of that MRI show that we have not made progress. And in fact, we’ve identified some damage to the ligament,” Young said. “It’s obviously a tough blow for Jacob, for certainly the Rangers. But we do feel this is what is right for Jacob in his career. We’re confident he’ll make a full recovery.”

Young and deGrom, who turns 35 later this month, said the goal is for the pitcher to return near the end of next season. Both said they were glad to have clarity on what was wrong with the elbow.

Texas won all six games started by deGrom (2-0), but the right-hander threw only 30 1/3 innings. He has a 2.67 ERA with 45 strikeouts and four walks. He threw 3 2/3 scoreless innings against the Yankees in his last start before leaving because of discomfort in his arm.

The Rangers went into Tuesday night’s game against St. Louis with a 39-20 record, the first time they were 19 games over .500 since the end of 2016, their last winning season.

Before going home to Florida over the weekend for the birth of his third child, deGrom threw his fifth bullpen last Wednesday in Detroit.

“I’d have days where I’d feel really good, days where I didn’t feel great. So I was kind of riding a roller coaster there for a little bit,” deGrom said. “They said originally there, we just saw some inflammation. … Getting an MRI right after you pitch, I feel like anybody would have inflammation. So, you know, I was hoping that that would get out of there and I would be fine. But it just didn’t work out that way.”

DeGrom spent his first nine big league seasons with the Mets, but was limited by injuries to 156 1/3 innings over 26 starts during his last two years in New York.

He had a career-low 1.08 ERA over 92 innings in 2021 before missing the final three months of the season with right forearm tightness and a sprained elbow.

The four-time All-Star didn’t make his first big league start last year until Aug. 2 after being shut down late in spring training because of a stress reaction in his right scapula.

His latest injury almost surely will trigger Texas’ conditional option on deGrom’s contract for 2028.

The option takes effect if deGrom has Tommy John surgery on his right elbow from 2023-26 or has any right elbow or shoulder injury that causes him to be on the IL for any period of 130 consecutive days during any season or 186 days in a row during any service period.

The conditional option would be for $20 million, $30 million or $37 million, depending on deGrom’s performance during the contract and health following the 2027 season.

“I feel bad for Jake. If I know Jake, he’ll have the surgery and come back and finish his career strong,” second-year Mets manager Buck Showalter said. “I know how much it means to him. He enjoys pitching. It’s certainly sad news for all of us.”