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Topps Sues Leaf Over "Best Of" Product!

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Jaypers

Well-known member
Aug 7, 2008
48,935
1,435
IL
The sell sheet, actually. Let the fireworks commence.

http://www.cardboardconnection.com/base ... nt=Twitter

Topps Seeks Injunction and Damages Against Leaf for Using Topps Cards on 2011 Leaf Best of Baseball Sell Sheet

By Trey Treutel Aug 12, 2011

Topps is taking legal action against Leaf for copyright and trademark infringement, stemming from an advertisement for Leaf's 2011 Leaf Best of Baseball, a product that features repackaged cards that have been previously released.

The sell sheet for the product pictures 11 professionally graded Topps cards, which is what the company is taking issue with. Topps argues that the cards on the sell sheet are, "highly celebrated and sought after by card collectors" and "a blatant attempt at capitalizing on Topps’ goodwill and intellectual property to advertise and promote Leaf’s product.”

Topps maintains that they have federally registered copyrights for a majority of the card images shown on the sell sheet, as well as registered trademarks on several brands listed including Bowman, Bowman Chrome and Topps Chrome. Additionally, Topps claims that they have licensed the exclusive rights to use the names, images and signatures for Mickey Mantle, Stephen Strasburg, Bryce Harper and Babe Ruth.

According to the lawsuit, Topps "seeks an injunction prohibiting use of the Topps card images and trademarks, along with actual and punitive damages."

As of this writing, the sell sheet in question is still listed on the Leaf website under the "products" tab.
 

Leaf

New member
Aug 7, 2008
3,855
0
Leaf is currently engaged in a lawsuit with a fellow manufacturer (I wrote and posted this as this thread began).

As anxious as I am to discuss this, I am unable to comment at this time.
Needless to say, we are eager defend ourselves in the proper venue when the opportunity presents itself.

Until then, we will not comment on any "claims" or be available to answer questions about pending litigation (including any potential counterclaims which may be filed shortly).
BG
 

ChasHawk

New member
Sep 4, 2008
22,482
0
Belvidere, Illinois
They're suing over the images on the sell sheet, not the product itself.

Claiming Leaf used topps' intellectual property to promote their product, which they did.

Could have a case.
 

sportscardtheory

Active member
Aug 16, 2008
8,461
2
Buffalo, New York
Topps doesn't own the cards after they sell them. That's like saying you can't sell something after you buy it, because you don't own the copyrights to the concept or design. I hope Topps gets trounced and counter-sued. The only valid argument I can see is if Leaf used Topps' advertisements and/or packaging, which isn't the case.
 

Card Magnet

New member
Jan 24, 2009
33,557
2
Pennsylvania
What is the difference between what Leaf is doing and, say, an auction house listing pictures of rare baseball cards in their teaser catalog? Or really, the difference between Leaf's sell sheet and an ebay listing (or listing on another site)?

They're picturing items they're reselling. I'll admit I'm ignorant on all of the legalities of the licenses, so I'm actually curious as to what the difference is, or if even the examples I gave could be illegal and are just left go in most cases.
 

coltsnsox07

New member
Aug 19, 2008
2,986
0
Hey BG, what about this product,
fleer001-1.jpg
this is a box cover, not a sell sheet!
 

Mr.Whipple

Banned
Apr 19, 2009
3,822
0
Joisey
Did Topps sue UD when they released 70's and it was a dead on design to 75 Topps? Or when UD sent out Topps cards and stated them to be "buybacks", they didn't produce them so how could UD call them such?

Last years disaster that was topps baseball, well the person behind it is hoping this somehow masks that and they keep there job.
 

sportscardtheory

Active member
Aug 16, 2008
8,461
2
Buffalo, New York
I would love to see Topps' argument as to why this affects their bottom line. Are they still selling 1952 packs/boxes/cases. lol What damages could they possibly seek when all these products have been out of their hands for years to decades. FAIL.
 

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