Topps Sues Leaf Over "Best Of" Product!

[WoundedDuck]

just want to mark this to read when I have more time in case I forget and it falls off the first page

 

[Bob Loblaw]

The point here is that Leaf is selling these Topps cards pictured on the sell sheet in the same fashion that Topps sells their own brands of trading cards. If Leaf was selling each individual card pictured for a set price, there wouldn't be an issue. Leaf is promoting their product based upon pictures of Topps and Upper Deck trading cards purportedly contained within their packages, without permission from Topps and Upper Decl to do so. That's the entire premise of the product. If Leaf put previously released Razor autographs on the sell sheet instead of the 52 Mantle or the Bowman Chrome Pujols do you think anybody would buy the product? Of course not. That is the issue here. It's completely different from a used card dealer advertising an old Nissan. That used car dealer doesn't have his own brand of cars which he sells new from the factory. But Leaf has its own proprietary brands of trading cards. What I find funny is just how much people with no legal education can absolutely state that Topps has no case. Now, I'm no attorney so I will make no prediction as to how this will turn out, but I will say that most of the people who posted on this thread who have defended Leaf seem to have done so because they either like Brian or hate Topps. I happen to have no opinion of Brian and don't hate Topps. I applaud Brian for engaging collector on these boards when he really doesn't have to.

However, Topps isn't currently selling 52 Mantles or 2001 Bowman Chrome Pujols. Your analysis above notes that "if Leaf was selling each individual card pictured for a set price, there wouldn't be an issue". Sellers on eBay don't sell (via auction) cards for a set price.

The only issue Topps has, as far as I can see it - and again, I do NOT specialize in this type of law and went to law school almost 15 years ago -- is the fact that Razor is repackaging a insert card that Topps is currentl selling in their products (Harper auto).

I look forward to seeing more of the actual documents. I've only seen the Cardboard Connection article - does anyone know where the suit was filed? I can go to that clerk of court website and pull the complaint...

 

[AMAZIN HOF COLLECTOR]

I think this is BS of Topps. I believe it is an attempt to bankrupt or severly handicap "the little guy" in attempt to keep their monopoly. Leaf must have scared Topps (or hit on one of their "future" product ideas) and now they figure throw a lawsuit at them and they will go away.

Flag on the play, unsportsmanship! ::facepalm::

 

[csmtampa]

If I owned a company that paid tons of $$ for exclusive rights (Harper) and another company uses that item to advertise a product of theirs without contacting me first, I know I would be pissed.

No clue as to whether it's worth a lawsuit or not.

 

[George_Calfas]

Notice how this occurred "after" the National. After seeing forthcoming products in person does Leaf now make Topps nervous?

 

[Leaf]

[quote="Junior Griffey":239nhxn1]I've never had a problem with you either but I don't get the hatred towards BG. I've only talked to him a few times and have a positive opinion of him. From what I've seen, he gives a shat about the average collector. That's not something I can say about any other manufacturer. It bugs me when I see people trash him for no reason.

He produces an incredibly shatty product. That's my problem. Have you seen his MMA line? What a complete joke. Generic tribal tattoo graphics much?



People praise him for his customer service and interaction, but they fail to realize if he didn't release such a crappy product, he wouldn't even have to do much of that.[/quote:239nhxn1]

BG

 

[Leaf]

Statement coing soon, however I can say without hesitation:

Leaf Trading Cards is a well financed corporation. We are pleased to spend any necessary legal fees to affirm our position.
Our company has absolutely no worries financially regardless of the outcome of any particular litigation.
BG


P.s.- It seems to me that someone has noticed Leaf moving up the food chain.

 

[matchpenalty]

Topps should be happy that another company thinks enough of some of the product to use it in repackaged after first sale product. Just shows value in the product. Good advertisement for Topps and buyers to know.

BG any idea when Pete Rose set is gonna be a go? any plans with Dennis Rodman and HOF stuff in future stuff. Nice to see him go in the HOF. Good luck on Barkley if anything comes of that it would be HUGE!

 

[hive17]

I still state that if the sell-sheet is the issue, then Leaf is covered under the First Amendment, in that a sell-sheet is nothign more than a pres release.

 

[matfanofold]

Just curious....

But are there any kind of licensing contracts coming that a legal matter like this could prohibit? Sour the taste so to speak for LEAF and its position to possibly gain one? Just curious...

 

[justinmandawg]

Dustan,
That post requires me to say it.

[youtube:3u37a4qw]http://www.youtube.com/watch?v=NpWAlvWNZj0[/youtube:3u37a4qw]

Have you ever met Brian, or talked to Brian? Topps has no case here. If you'd check out the facts before spouting your opinion based on your hatred for Brian, maybe you'd see things differently. Haters gon' hate though. Good luck with your marriage. You're so insecure it'll last a month. She's probably cheating on you already.

[quote="Sam Banks":3u37a4qw]As I have said since the beginning of BG's forray into sports cards the guy is a fracking ****** ball and all of you are stupid for spending your money on his generic bush league product.



I hope this sends you out of business you con man.

[/quote:3u37a4qw]

 

[Guest]

I'm not sure how Topps can see Leaf as a liable competitor, when their best product is all Topps cards. But when Topps wins the case, I'm sure they could demand enough money to put Leaf out of business, and the world will be a better place.

 

[cgilmo]

Re: Topps Sues Leaf Over "Best Of" Product!

You guys can ignore precedence all you want. Im not gonna.


Oh yeah and goldenbuckeyes is an idiot.

 

[George_Calfas]

Re: Topps Sues Leaf Over

You guys can ignore precedence all you want. Im not gonna.


Oh yeah and goldenbuckeyes is an idiot.

You get a thanks for the second half of your post.

 

[Jaypers]

Not sure if this has been discussed yet, but why didn't Topps go after Leaf back when it was Razor for their Rookie Retro sell sheet?

 

[James52411]

Re: Topps Sues Leaf Over

You guys can ignore precedence all you want. Im not gonna.


Oh yeah and goldenbuckeyes is an idiot.

You get a thanks for the second half of your post.

I thanked you too. :lol:

 

[cgilmo]

If you think that Topps doesn't and shouldn't see leaf as a serious competitor then you don't know the industry.

Topps basically has two major revenue pies.

#1 big box retail, all hail the mighty walmart

2# distributor dollars, this is where leaf can seriously dig into profits. Orders by distributors are finite, and if they order more Leaf they will order less topps.

 

[George_Calfas]

Not sure if this has been discussed yet, but why didn't Topps go after Leaf back when it was Razor for their Rookie Retro sell sheet?

Razor was small time.
Leaf is viable.

 

[Jaypers]

Not sure if this has been discussed yet, but why didn't Topps go after Leaf back when it was Razor for their Rookie Retro sell sheet?

Razor was small time.
Leaf is viable.

Thanked.

 

[Guest]

If you think that Topps doesn't and shouldn't see leaf as a serious competitor then you don't know the industry.

Topps basically has two major revenue pies.

#1 big box retail, all hail the mighty walmart

2# distributor dollars, this is where leaf can seriously dig into profits. Orders by distributors are finite, and if they order more Leaf they will order less topps.

Real competition for Topps when someone has to use their cards to be a competitor