Topps Sues Leaf Over "Best Of" Product!

[uniquebaseballcards]

Ownership would take precedence. Topps owned that mantle card, they can use a scan of it if they want.

I don't think its as simple as you make it out to be. A card is an image just as a photograph is an image.

 

[cgilmo]

Ownership would take precedence. Topps owned that mantle card, they can use a scan of it if they want.

I don't think its as simple as you make it out to be. A card is an image just as a photograph is an image.

Yes, but if you own something you can use it's image to sell it.

 

[uniquebaseballcards]

Ownership would take precedence. Topps owned that mantle card, they can use a scan of it if they want.

I don't think its as simple as you make it out to be. A card is an image just as a photograph is an image.

Yes, but if you own something you can use it's image to sell it.

This may be subject to restriction as someone can own a photograph as well. If this goes to court we'll find the extent a specific license supersedes ownership.

 

[coltsnsox07]

If Topps thinks so highly of their '52 Mantle cards, why did they dump 300-500 cases of high numbers in the ocean! I can't believe this is on TMZ now.

 

[Card Magnet]

After it hit TMZ, I immediately thought "Watch the estate of Mickey Mantle join in the lawsuit, or file a new one.".

Kind of off topic, but how long after somebody's death can their image be licensed and branded before it's fair game as a public figure? Or do celebrities not count as public figures? If anybody knows, that is.

And it's also worth noting that because of the cards being graded, Leaf has better quality control over the Topps cards released than Topps does in their own products when they release :lol: .

 

[cgilmo]

 

[Russ S.]

I can't wait until Leaf owns Topps.

Why?
Topps has history and knows what they are doing?

If Leaf buys Topps (which will never happen), then where will they get cards for their products from?

 

[uniquebaseballcards]

Depending on the terms of their license, Topps may be able to sub-license as they see fit. Further, doesn't Topps already contract with Tri-Star for distribution?? They may have an agreement with their business partner.

 

[beefycheddar]

Depending on the terms of their license, Topps may be able to sub-license as they see fit. Further, doesn't Topps already contract with Tri-Star for distribution?? They may have an agreement with their business partner.

Wrong Tri Star, that's a different company.

 

[yanxchick]

Not sure if it was posted (I only got through page 9 and have to go back to work).

Here's Topps' complaint, all 25 pages of it.

http://www.scribd.com/doc/62273432/Topps-Leaf-Lawsuit

 

[George_Calfas]

Not sure if it was posted (I only got through page 9 and have to go back to work).

Here's Topps' complaint, all 25 pages of it.

http://www.scribd.com/doc/62273432/Topps-Leaf-Lawsuit

Thanked

 

[jmagic87]

i am by no means a legal mind i have 0 law background however after reading over all 25 pages of that report it looks more like topps is trying to claim leaf is counter fitting there cards and or claiming that leaf is telling people this is a Topps Product when they are not it truly looks like a case of big business trying to bully the small guy Good Luck Brian

 

[Leaf]

Depending on the terms of their license, Topps may be able to sub-license as they see fit. Further, doesn't Topps already contract with Tri-Star for distribution?? They may have an agreement with their business partner.

These boxes were NOT sublicensed. There is no lawsuit because Tristar poses no legitimate threat (as I heard last week they are discontinuing the trading cards portion of thei business).

 

[Leaf]

i am by no means a legal mind i have 0 law background however after reading over all 25 pages of that report it looks more like topps is trying to claim leaf is counter fitting there cards and or claiming that leaf is telling people this is a Topps Product when they are not it truly looks like a case of big business trying to bully the small guy Good Luck Brian

+1

 

[FortyFour]

Good luck Brian,

Love the company and hope for the best but I do think Topps has a legit point.

 

[uniquebaseballcards]

These boxes were NOT sublicensed. There is no lawsuit because Tristar poses no legitimate threat (as I heard last week they are discontinuing the trading cards portion of thei business).

That's interesting...I suppose TriStar could have been a co-defendant if it were still in that business. But even at that, Topps can obviously choose to defend their licenses, or extend a little good-will as they see fit.

It will be interesting to see how this all plays out if it makes it to court.

 

[predatorkj]

Hey BG, what about this product,

this is a box cover, not a sell sheet!

great example

I guess the only difference on this is that this company doesn't make sell sheets in advance of it's products. But it's a weak argument that Leaf is doing anything to hurt Topps and their gains. They won't be able to show any loss and they might, at best, get a cease order handed down.

 

[predatorkj]

These boxes were NOT sublicensed. There is no lawsuit because Tristar poses no legitimate threat (as I heard last week they are discontinuing the trading cards portion of thei business).

That's interesting...I suppose TriStar could have been a co-defendant if it were still in that business. But even at that, Topps can obviously choose to defend their licenses, or extend a little good-will as they see fit.

It will be interesting to see how this all plays out if it makes it to court.

At this point, with Leaf not having any sort of licensing...they don't pose a threat to anyone either. I mean...no offense towards BG, but his products are nowhere near Topps' stuff. Nowhere close.

 

[predatorkj]

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.

Well all I know is I have not run into anyone off of this board that gave two craps about any of the Leaf products. If Topps is seeing Leaf as a serious competitor, I'd say they are just covering their rear. But as of yet, you tell me what Leaf has done to dig in. Nobody around here is seeing it. Leaf won't be anything without a license. Now if they get one, then it's on. Don't mistake people not liking Leaf/Razor as hating or bashing. I'm all for it. I'm just not seeing them as serious competition for anyone but Tristar which is on their way out. There is a reason non-licensed companies don't stick around.

 

[predatorkj]

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

I would recommend taking off the blinders.
Buyback products constitute less than 10% of our revenue.
ALI, Family Guy, FB Draft, Baseball Draft,MMA, Pete Rose Legacy, Vince Lombardi Collection, 2011 LEAF GOLF, 2011 Legends of Sport, Poker, POP CENTURY, US ARMY FB.... we have plenty of non-buyback products.

Bias makes even the moderately educated look stupid.
BG

Yes but your football product got laughed right out of the shop too. And about 99% of normal sports card collectors don't care about Family Guy, Poker, Pop Century, or any of that other non-sport stuff. As for your sports releases, other than the Lombardi Collection, and the Rose stuff, you basically are fooling around with propsects. I think this board has you twisted up about exactly how many people are into the prospect game. I'm behind you 100% but I need to see you do something. You haven't yet. You need to secure a license. That should be your number one goal. If you are planning on riding out the few things you can do, it won't last.