Topps Sues Leaf Over "Best Of" Product!

[matchpenalty]

We get all these good lawsuit threads now with Leaf vs Topps and Blowout Cards suing Upper Deck. But no JeffN resident FCB lawyer to be found to get his take on any of it.

 

[vwnut13]

We get all these good lawsuit threads now with Leaf vs Topps and Blowout Cards suing Upper Deck. But no JeffN resident FCB lawyer to be found to get his take on any of it.

Nope, we better find Bob Loblaw.

 

[Jaypers]

We get all these good lawsuit threads now with Leaf vs Topps and Blowout Cards suing Upper Deck. But no JeffN resident FCB lawyer to be found to get his take on any of it.

I sent him a link to this thread. Doesn't he usually post in the AM?

 

[uniquebaseballcards]

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.

Easy. When people are buying Leaf stuff they're not buying new Topps stuff.

Given Topps' special license with Mantle et al shown on the sell sheet it actually makes sense for them to pursue this.

 

[sportscardtheory]

So what is the difference with grading card companies using graded Topps cards on their advertising. I see it all the time. I see graded Topps cards on all types of hobby-related advertising.

 

[sportscardtheory]

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.

Easy. When people are buying Leaf stuff they're not buying new Topps stuff.

Given Topps' special license with Mantle et al shown on the sell sheet it actually makes sense for them to pursue this.

No way they can prove damages. That's a HUGE reach simply stating that "people will have less money to buy our products". lol They could never prove that.

 

[DeliciousBacon]

Millions of people sell Topps singles online and in card shops. This isn't copyright infringement. This case is about the advertising, so it's a different matter. I still don't think Topps has leg to stand on.

I know the issue here isn't the cards, but a lot of people seem to be dragging the whole 'oh you can buy Topps cards online everywhere" argument into this, where it doesn't fit. Like I said before, you can't just advertise a product using someone else's trademarks/copyrights/intellectual property without permission. There have been plenty of lawsuits where a band/musician sued a corporation for using their song in an ad without permission, and they usually win or settle. Whenever Coke has a commercial talking about how much better they are than Pepsi, and show the Pepsi logo, they do get permission to show that logo.

There's also the issue that I mentioned before where it's possible this release could be misconstrued as a Topps release, or released in conjunction with Topps. I suppose that Topps could make the argument that having their name plastered all over the sell sheets for a repackaged product that some people were really burnt on could have a negative effect on their name. I'm surprised this issue never came up before, considering the typically shoddy nature of most repackaged products.

 

[TwinGnats]

I'm not a manufactuer

You're right Metal was a great concept that has never been done bef...

Topps does have a case, and I for one hope they win. Those other people that are using their trademarks to repackage stuff could be sued but aren't due to how small of a market share they would be attempting to take.

Leaf on the other hand is a manufactuer (kind of) and is a direct competitor stealing topps trademarks. All this super limited repackaged stuff, they're operating a lottery/raffle and the attorney general should be cracking down on them.

:lol: You should no longer be allowed to sell your cards online for saying this stuff.

Who are you, card collecting's mom.

 

[TwinGnats]

They are not manufactuers

So what is the difference with grading card companies using graded Topps cards on their advertising. I see it all the time. I see graded Topps cards on all types of hobby-related advertising.

 

[Halonut]

So what is the difference with grading card companies using graded Topps cards on their advertising. I see it all the time. I see graded Topps cards on all types of hobby-related advertising.

Apples to Oranges there...card grading companies do nothing but help fuel the demand for Topps' products. The price increase which is seen by slabbing high grade cards leads to more people busting their products.

 

[rum151man]

Hey BG, what about this product,

this is a box cover, not a sell sheet!

great example

 

[TwinGnats]

I fixed your last sentance.

considering the typically shoddy nature of most Leaf products.

 

[uniquebaseballcards]

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.

Easy. When people are buying Leaf stuff they're not buying new Topps stuff.

Given Topps' special license with Mantle et al shown on the sell sheet it actually makes sense for them to pursue this.

No way they can prove damages. That's a HUGE reach simply stating that "people will have less money to buy our products". lol They could never prove that.

I wasn't aware you had a legal education :? I'd suggest waiting for the case to go to court before jumping to conclusions, even though it will probably be settled. Not all damages are monetary.

Its smart for Topps to address this now before more sell sheets are used by competitors in this fashion.

 

[sportscardtheory]

So what is the difference with grading card companies using graded Topps cards on their advertising. I see it all the time. I see graded Topps cards on all types of hobby-related advertising.

Apples to Oranges there...card grading companies do nothing but help fuel the demand for Topps' products. The price increase which is seen by slabbing high grade cards leads to more people busting their products.

I don't think it's apples to oranges at all. It's the same thing. A company using pictures of Topps' cards to sell a product not involved with Topps. How is it any different when the intent of either company is to make money without giving any to Topps.

 

[sportscardtheory]

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.

Easy. When people are buying Leaf stuff they're not buying new Topps stuff.

Given Topps' special license with Mantle et al shown on the sell sheet it actually makes sense for them to pursue this.

No way they can prove damages. That's a HUGE reach simply stating that "people will have less money to buy our products". lol They could never prove that.

I wasn't aware you had a legal education :? I'd suggest waiting for the case to go to court before jumping to conclusions, even though it will probably be settled. Not all damages are monetary.

Its smart for Topps to address this now before more sell sheets are used by competitors in this fashion.

I wasn't aware that one had to have schooling in any subject to discuss it. :? :?

 

[bballstar029]

I fixed your last sentence.

considering the typically shoddy nature of most Leaf products.

I fixed yours too.

 

[uniquebaseballcards]

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.

Easy. When people are buying Leaf stuff they're not buying new Topps stuff.

Given Topps' special license with Mantle et al shown on the sell sheet it actually makes sense for them to pursue this.

No way they can prove damages. That's a HUGE reach simply stating that "people will have less money to buy our products". lol They could never prove that.

I wasn't aware you had a legal education :? I'd suggest waiting for the case to go to court before jumping to conclusions, even though it will probably be settled. Not all damages are monetary.

Its smart for Topps to address this now before more sell sheets are used by competitors in this fashion.

I wasn't aware that one had to have schooling in any subject to discuss it. :? :?

Only to discuss it intelligently.

 

[sportscardtheory]

I am an idiot who changes people's quotes because I think it's funny when it's really not.

considering the typically shoddy nature of most Leaf products.

Whatever floats your boat, mom.

 

[sportscardtheory]

[quote="sportscardtheory":181uutvt]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.

Easy. When people are buying Leaf stuff they're not buying new Topps stuff.

Given Topps' special license with Mantle et al shown on the sell sheet it actually makes sense for them to pursue this.

No way they can prove damages. That's a HUGE reach simply stating that "people will have less money to buy our products". lol They could never prove that.

I wasn't aware you had a legal education :? I'd suggest waiting for the case to go to court before jumping to conclusions, even though it will probably be settled. Not all damages are monetary.

Its smart for Topps to address this now before more sell sheets are used by competitors in this fashion.

I wasn't aware that one had to have schooling in any subject to discuss it. :? :?

Only to discuss it intelligently.[/quote:181uutvt]

Did you go to law school?

 

[hive17]

So Topps is bitching about Leaf using the likenesses of guys they have contracts on licenses, but Buzz Aldrin can go **** himself?

Brian, just tell Topps your sell sheet is a piece of journalism, much like a press release, and cover your ass with the First Amendment.