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.

Marlins, Giants get into heated beanball war

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You may have heard that Giants closer Hunter Strickland broke his hand punching a door in frustration after Monday night’s subpar performance. He’ll miss six to eight weeks as a result. Strickland came in to protect a 4-2 lead but ended up giving up three runs. The tying run was knocked in by Lewis Brinson on a single to right field. Brinson moved to third base on a go-ahead single by Miguel Rojas, which prompted manager Bruce Bochy to take Strickland out of the game.

On his way to the dugout, Strickland started chirping at Brinson. Much like Bryce Harper and Strickland, Brinson and Strickland have a bit of a history. Last Thursday, Brinson handed Strickland a blown save with a sacrifice fly to deep center field. Brinson was happy to help his team tie the game, pumping his fast and saying, “Let’s go” at no one in particular. That rubbed Strickland the wrong way. Everything seems to rub Strickland the wrong way.

During Tuesday night’s game, Giants starter Dereck Rodriguez threw at Brinson with the first pitch, a 92 MPH fastball. Home plate umpire Andy Fletcher issued warnings to both benches. Manager Don Mattingly came out to argue, suggesting that his team hadn’t done anything wrong so it was unfair to essentially take the inside part of the plate away from his pitchers. On his way back to the dugout, Mattingly could be seen saying, “You’re next” to catcher Buster Posey.

The Giants scored twice in the bottom of the second against Dan Straily to extend their lead to 3-0. Posey came to the plate with a runner on first base and one out. Straily hit Posey with a 91 MPH fastball on the first pitch, prompting ejections of both Straily and Mattingly. Posey was hit on the arm. If the pitch had come in a bit lower and hit Posey on the wrist or hand, Posey might have had to go on the disabled list for a couple months. Or if the pitch had hit Posey a couple of inches higher, in the head, then who knows what would have happened.

Things calmed down from there, thankfully. The two clubs have one more game against each other in San Francisco on Wednesday and that will be the final time they meet this season. If anything further is going to happen — and hopefully, nothing happens — then it will come tomorrow.

Straily will almost certainly be facing a suspension and a fine, as will Mattingly. It’s less clear if Rodriguez and/or Bochy will be reprimanded for throwing at Brinson, even though it was fairly obvious the pitch was intentional. Regardless, the punishments amount to just one missed start for the pitchers, which isn’t nearly enough of a detriment to deter beanball wars.