Dumb question, yes. He's not selling the sell sheets.
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HOLY ICHIRO!!!! 2013 Ichiro Immortals Collection.
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gracecollector
Well-known member
But he is using the sell sheets to promote the product, thus they are an instrument of gaining profit for his company. I think it can be argued that the association of the trademarks adds prestige to his product, thus he is profitting from their use. Although this is MLB Licensing language and doesn't apply to his unlicensed product, I'm sure the teams have similar provisions to the use of their trademarked names being used in association with a product sold for profit.
In (e) below (from Schedule P of MLB Licensing Agreement), I wonder if "display materials" could be argued to encompass sales sheets.
2. Except as otherwise directed by Licensor, Licensee shall comply with the following guidelines regarding the Licensed Products:
(a) the primary Licensed Property of the Club for whom the featured player will be playing in the upcoming year must be featured in a prominent manner on the front and/or back of the card (apart from as depicted in a uniform) and separate from any use of the Club's name in the statistics and/or editorial copy included on that card;
(b) the name and/or Licensed Property of the Club must be separate and distinct from the player's name and any other corporate identification (including, without limitation, the Licensee's name and/or Licensed Property) featured on the card;
(c) each pack of baseball trading cards must specify the number of cards contained therein, each box of baseball trading cards must specify the number of packs contained therein, and each case of baseball trading cards must specify the number of boxes contained therein;
(d) any corporate identification featured in or adjacent to the copy lines on a baseball trading card or the packaging of baseball trading cards may be no larger than the Major League Baseball silhouetted batter Licensed Property or Club Licensed Property featured in or adjacent to the copy lines on the baseball trading card or package; and
(e) the words "MAJOR LEAGUE BASEBALL TRADEMARKS AND COPYRIGHTS ARE USED WITH PERMISSION OF MAJOR LEAGUE BASEBALL PROPERTIES, INC." must be included on all packaging and display materials.
matfanofold
Active member
- Aug 10, 2008
- 7,645
- 1
I can see the argument you are making, I mean you were backed in to a corner after a blanket statement then felt forced to validate your contention. However, and after reading your post quoted, I can see how a sell sheet is neither packaging nor display materials. It is, as BG stated, informational material and as such could really not be held any more accountable then a newspaper or a blog post using a trademarked name. At least that is how I understand it.
On a side note....
With this product apparently being all but sold out via pre orders, I assume we now know the product cost? Or are people just pre ordering without knowing cost?
MansGame
Active member
- Thread starter
- #66
All In Cards
Super Moderator
just got this email from Leaf
"
Hobby Dealers,
As I write this, I sit in awe at the incredible support you have collectively shown for this item. I share your enthusiasm and see this as proof positive that incredible items can succeed even in a difficult market.
At this point, we have a substantial order imbalance on this product. We have orders far exceeding our production level. Therefore, we are cutting off direct orders for this item at MIDNIGHT TONIGHT. In addition, if you ordered multiple units of this item I would expect SUBSTANTIAL CUTS in the amount you will be receiving.
Again, I hope to be able to finalize quantities soon. I feel strongly the need to encourage caution when offering this item to your customers as the quanitity which you will receive is subject to these allocations.
Thanks again for your support and Thank you graciously for all the kind words on this exciting release...
Brian Gray
Leaf CEO"
"
Hobby Dealers,
As I write this, I sit in awe at the incredible support you have collectively shown for this item. I share your enthusiasm and see this as proof positive that incredible items can succeed even in a difficult market.
At this point, we have a substantial order imbalance on this product. We have orders far exceeding our production level. Therefore, we are cutting off direct orders for this item at MIDNIGHT TONIGHT. In addition, if you ordered multiple units of this item I would expect SUBSTANTIAL CUTS in the amount you will be receiving.
Again, I hope to be able to finalize quantities soon. I feel strongly the need to encourage caution when offering this item to your customers as the quanitity which you will receive is subject to these allocations.
Thanks again for your support and Thank you graciously for all the kind words on this exciting release...
Brian Gray
Leaf CEO"
MansGame
Active member
Hmmmm
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Buying Albert Belle cards! PM me!
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Buying Albert Belle cards! PM me!
None of this has anything to do with my use of the terms..
I would be thrilled, even thankful if they would sue me..
I promise you the hobby would change forever!
Interesting times in the world of rights of publicity... BG
Krom
New member
Saw a box sold on the bay for 760.
Also saw for $15 more a 2001 Spx Ichiro Rc Auto (rcr or whatever) Bgs 9 Auto 8 (not a bad grade as almost all are under the window).
I would buy the rc auto if i was going to buy either. I am sure one would get quite a rush from opening a box or 2.
Also saw for $15 more a 2001 Spx Ichiro Rc Auto (rcr or whatever) Bgs 9 Auto 8 (not a bad grade as almost all are under the window).
I would buy the rc auto if i was going to buy either. I am sure one would get quite a rush from opening a box or 2.
MansGame
Active member
Andrew - How many boxes are you getting?
So boxes are ~$750 with 1 auto and 4 base, plus the physical box (if it's nice, I have no idea) would leave 5 or 6 spots to receive something in the event we did a break similar to the presidential cuts a couple years ago.
40 spots at $20/each? Random.org and top 6 spots draft... never know, maybe spot 1 doesn't take the auto but takes a base or even the physical box
I'd be in for a spot or two at that price... I suppose you could do 20 spots for $40/each but I'm sure you'll price some people out...
So boxes are ~$750 with 1 auto and 4 base, plus the physical box (if it's nice, I have no idea) would leave 5 or 6 spots to receive something in the event we did a break similar to the presidential cuts a couple years ago.
40 spots at $20/each? Random.org and top 6 spots draft... never know, maybe spot 1 doesn't take the auto but takes a base or even the physical box
I'd be in for a spot or two at that price... I suppose you could do 20 spots for $40/each but I'm sure you'll price some people out...
- Thread starter
- #72
All In Cards
Super Moderator
No clue yet
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Sent from my Galaxy Nexus using Freedom Card Board mobile app
This just isn't draft-able. You treat it just like any other high end team break but make the subsets the teams.
Just like we did the Presidents.
Why wasn't this thought of for Presidents: Hold an auction for each President before the break. Buyer has some control on the price he's willing to enter in on Washington compared to Carter.
Just like we did the Presidents.
Why wasn't this thought of for Presidents: Hold an auction for each President before the break. Buyer has some control on the price he's willing to enter in on Washington compared to Carter.
ChasHawk
New member
Has topps put out a $700 box with 1 auto in it?
MansGame
Active member
[MENTION=3164]jbhofmann[/MENTION] - I don't get what your saying but it's probably because I've had a long day of work and just not thinking straight.
Why can't you just have 40 names in a list, random.org the list, then the first 5 names get what's hit... like #1 gets first pick of the 5 cards pulled in the break, #2 gets second pick, etc. Then it's SORRY for the guys past the 5th spot.
The only reason why I said draft is because maybe the #1 spot doesn't want the auto? More importantly, it'd make it so you don't have to say "First card on top of the box goes to #1 " in case there is an issue with how the box is packed or loaded.
Anyways, whatever... I need to leave work lol
Why can't you just have 40 names in a list, random.org the list, then the first 5 names get what's hit... like #1 gets first pick of the 5 cards pulled in the break, #2 gets second pick, etc. Then it's SORRY for the guys past the 5th spot.
The only reason why I said draft is because maybe the #1 spot doesn't want the auto? More importantly, it'd make it so you don't have to say "First card on top of the box goes to #1 " in case there is an issue with how the box is packed or loaded.
Anyways, whatever... I need to leave work lol
Yeah, its called a Topps Heritage Case
The way you are doing it would create 1 winner prior to the opening of the product...nobody else in the break would even watch. Why would someone choose a 1/1 base over a /5? No sense.
By having 17 slots it is not a raffle, it is a true "team break". There are 16 subsets of autos and 1 set of base cards. Each person would be randomed into one of those subset slots. So prior to the break EVERYONE will have a shot at an auto. If you held the "booklet" subset I could see someone ponying up some money to buy it before the break. It just build the excitement better than a random and 5 out of 20 think they even need to watch.
Every slot has value in my break...in yours 5 slots have value.
