Rumours have begun to float around the hockey hobby world that the exclusive which Upper Deck has had in the hockey market for the past five years is ending. Rumours continue with the potential news that Panini will be brought into the mix. No one is saying much and no one is saying whether it is a Panini-exclusive or Panini in addition to one or more companies. Upper Deck and Panini have remained silent.
Dr. Brian Price of In the Game, which has produced hockey cards for the past five years while respecting the rules of the licensing agreements by not using logos and team names, had this to add to the discussion on a recent post on Hobby Insider:
"Although we have applied for a license with both the NHL and NHLPA and have repeatedly contacted them for more information about our situation, nothing has been forthcoming.
They continue to say that they are assessing the situation and will get back to us. However it has been quite a while and we have had no negotiations. Draw your own conclusions.
We are hearing that there will be NO exclusive next year and we are also hearing that Panini is in the mix.
This is not what I would like to be reporting but it where things are at from my position.
Nothing has been fair about the situation so far, we have paid our dues over the last five years and deserve an opportunity, since no negotiations have taken place with us at this late date, I am doubtful that the NHL or NHLPA are giving us anymore than lip service.
Sorry, I wish I had better news for our loyal collectors. But on a bright note, you're going to love BTP and Superlative Hockey Volume Two will be out for the Expo and it is our best product ever."
Of course, these are all rumours. Until the official news is revealed, it is all speculation. Most collectors have opinions on the situation however it is unclear as to whether the NHL or the NHLPA has any interest in listening to collectors as opposed to the almighty dollar.
Showing posts with label The Saturday Edition. Show all posts
Showing posts with label The Saturday Edition. Show all posts
Saturday, March 20, 2010
Saturday, March 13, 2010
Hobby News - The Saturday Edition
For several months Upper Deck was on a mission to find two Canadian hobby shops that hockey card collectors could call Shangri-La. Upper Deck and its two major Canadian distributors, Grosnor and Universal, created an exciting campaign encouraging hobby shops in Canada to host more events, programs, and promotions to create excitement for new Upper Deck products. The two winning stores would be anointed Upper Deck’s “Hockey Card Heaven” and receive an in-store visit from an NHL player.
Comic Connection in Hamilton, Ontario was chosen as one of the winners of the campaign. With a stroke of ingenuity, they created a window display using 1990-91 Upper Deck hockey cards that spelled out “HOCKEY CARD HEAVEN." The store also ran different specials every day during the entire promotion (more than three months) to thank customers for their support. Every Saturday was designated as “Kids Day” and the store offered a variety of specials. Comic Connection also included charities such as the Canadian National Autism Foundation in their promotions.
Ted Krieg, owner of Comic Connection, was excited about being chosen. “We’re big hockey fans and it's fantastic to have something like this happen for us. We thought it was a great promotion and all of our staff just jumped at the opportunity. We worked really hard for this, but it’s also been a lot of fun, especially for our customers!"
Wayne’s Sports Cards in Edmonton, Alberta was also chosen as “Hockey Card Heaven.” The team at Wayne’s held colouring contests for kids while older collectors were invited to show off their collections during “Open House” events. One of the larger promotions which they created was called “Score with Upper Deck” where customers purchased a box of product, in exchange for an opportunity to shoot on the owner. The owner, who was decked out in Edmonton Oilers gear, handed out a prize if the collector scored.
“Programs like 'Hockey Card Heaven’ really help a retailer get motivated to come up with new and exciting ways to engage our customers,” said Wayne Wagner, owner of Wayne’s Sports Cards. “Anytime you can bring in a professional athlete to the store, it creates a buzz. Getting to meet a player face to face is such a great experience for fans and I know our customers are going to love it.”
Congratulations to Wayne’s Sports Cards and Comic Connection!
Comic Connection in Hamilton, Ontario was chosen as one of the winners of the campaign. With a stroke of ingenuity, they created a window display using 1990-91 Upper Deck hockey cards that spelled out “HOCKEY CARD HEAVEN." The store also ran different specials every day during the entire promotion (more than three months) to thank customers for their support. Every Saturday was designated as “Kids Day” and the store offered a variety of specials. Comic Connection also included charities such as the Canadian National Autism Foundation in their promotions.
Ted Krieg, owner of Comic Connection, was excited about being chosen. “We’re big hockey fans and it's fantastic to have something like this happen for us. We thought it was a great promotion and all of our staff just jumped at the opportunity. We worked really hard for this, but it’s also been a lot of fun, especially for our customers!"
Wayne’s Sports Cards in Edmonton, Alberta was also chosen as “Hockey Card Heaven.” The team at Wayne’s held colouring contests for kids while older collectors were invited to show off their collections during “Open House” events. One of the larger promotions which they created was called “Score with Upper Deck” where customers purchased a box of product, in exchange for an opportunity to shoot on the owner. The owner, who was decked out in Edmonton Oilers gear, handed out a prize if the collector scored.
“Programs like 'Hockey Card Heaven’ really help a retailer get motivated to come up with new and exciting ways to engage our customers,” said Wayne Wagner, owner of Wayne’s Sports Cards. “Anytime you can bring in a professional athlete to the store, it creates a buzz. Getting to meet a player face to face is such a great experience for fans and I know our customers are going to love it.”
Congratulations to Wayne’s Sports Cards and Comic Connection!
Saturday, March 6, 2010
Hobby News - The Saturday Edition
Upper Deck Settles Lawsuit with Major League Baseball
This week, the Upper Deck Company and Major League Baseball announced that both parties have mutually agreed to settle the lawsuit brought by Major League Baseball against Upper Deck. Upper Deck has agreed not to use MLB trademarks including team names and/or logos on its trading cards going forward. As such, many of Upper Deck’s scheduled baseball product launches already in production for 2010 will not be released. Upper Deck can continue to sell three recently released baseball products which are currently on store shelves: 2009 Signature Stars, 2009 Ultimate Collection and 2010 Upper Deck Series One.
“Upper Deck is pleased with the settlement including the amount the company paid as it relates to the trading cards released in 2010,” said Jason Masherah, Upper Deck’s director of Sports Brands. “As a company, we are changing the direction of Upper Deck’s baseball products going forward. We are looking forward to creating fresh and innovative set content that will continue to get collectors excited.”
"Great cards of great players have always been the cornerstone of Upper Deck products,” added Upper Deck Founder and CEO Richard McWilliam. “We’ll just have to see how innovative and creative we can become now. Hopefully, this settlement paves the way for stronger relationships with our other licensors.”
This week, the Upper Deck Company and Major League Baseball announced that both parties have mutually agreed to settle the lawsuit brought by Major League Baseball against Upper Deck. Upper Deck has agreed not to use MLB trademarks including team names and/or logos on its trading cards going forward. As such, many of Upper Deck’s scheduled baseball product launches already in production for 2010 will not be released. Upper Deck can continue to sell three recently released baseball products which are currently on store shelves: 2009 Signature Stars, 2009 Ultimate Collection and 2010 Upper Deck Series One.
“Upper Deck is pleased with the settlement including the amount the company paid as it relates to the trading cards released in 2010,” said Jason Masherah, Upper Deck’s director of Sports Brands. “As a company, we are changing the direction of Upper Deck’s baseball products going forward. We are looking forward to creating fresh and innovative set content that will continue to get collectors excited.”
"Great cards of great players have always been the cornerstone of Upper Deck products,” added Upper Deck Founder and CEO Richard McWilliam. “We’ll just have to see how innovative and creative we can become now. Hopefully, this settlement paves the way for stronger relationships with our other licensors.”
Saturday, February 27, 2010
Hobby News - The Saturday Edition
Card companies continue to pull out all the stops in 2010. After the recent news of Topps Million Card Giveaway, another Topps product has released exciting informaiton of its own. UFC's President Dana White has announced on Twitter that Topps has randomly inserted 10 autographed cards in its newest release that will win one lucky fan the opportunity to sit side-by-side with the man in charge!
The first collector to pull this special triple autographed card featuring Chuck Liddell, Dana White, and Tito Ortiz from the new Topps UFC Main Event will win the ultimate UFC behind the scenes access. The amazing opportunity will allow the winner and a friend to be flown to Las Vegas, Nevada to be Dana White's personal guests at the UFC Training Center. The winners will tour the gym and meet the coaches and fighters competing in the upcoming Ultimate Fighter 12 reality series on Spike TV. The winners will also sit cage-side with Dana White during one of the The Ultimate Fighter preliminary matches.
There are a total of 10 of these triple autographed cards randomly seeded in packs. The other nine lucky UFC fans pulling this card will receive a pair of UFC gloves signed by White, Liddell, and Ortiz.
In recent years, UFC has gained massive popularity in the sporting world and their inaugural releases into the sports card market have been met by eager collectors craving cards beyond the four major sports. The opportunity to own the triple autograph card alone would have most collectors more than satisfied however the added bonus should see this product reach new heights.
The first collector to pull this special triple autographed card featuring Chuck Liddell, Dana White, and Tito Ortiz from the new Topps UFC Main Event will win the ultimate UFC behind the scenes access. The amazing opportunity will allow the winner and a friend to be flown to Las Vegas, Nevada to be Dana White's personal guests at the UFC Training Center. The winners will tour the gym and meet the coaches and fighters competing in the upcoming Ultimate Fighter 12 reality series on Spike TV. The winners will also sit cage-side with Dana White during one of the The Ultimate Fighter preliminary matches.
There are a total of 10 of these triple autographed cards randomly seeded in packs. The other nine lucky UFC fans pulling this card will receive a pair of UFC gloves signed by White, Liddell, and Ortiz.
In recent years, UFC has gained massive popularity in the sporting world and their inaugural releases into the sports card market have been met by eager collectors craving cards beyond the four major sports. The opportunity to own the triple autograph card alone would have most collectors more than satisfied however the added bonus should see this product reach new heights.
Saturday, February 20, 2010
Hobby News - The Saturday Edition
Topps Unveils The Million Card Giveaway In 2010 Topps Baseball Series 1
Topps has unveiled its first exclusive MLB product with 2010 Topps Baseball Series 1. As part of this year’s product release, Topps is truly putting all of their cards on the table. Topps has scoured their vaults and is making available over one million original Topps cards, including every Topps base card produced since 1952. This means that some collectors will have a chance at such rare rookie cards as Mickey Mantle, Jackie Robinson and Cal Ripken Jr., as part of this promotion.
Special code cards will be inserted in one out of every six packs of 2010 Topps Baseball Series 1. Fans then enter the code online and receive an original vintage Topps card. The year-long program also includes 2010 Topps Baseball Series 2 and 2010 Topps Updates and Highlights. Each code redeemed will allow that fan the opportunity to win a 1952 Mickey Mantle rookie card.
In August 2009, Topps became the first exclusive baseball card company of MLB in nearly 30 years. This is Topps’ first exclusive product since they announced a multi-year licensing deal in 2009 to become the official baseball card of Major League Baseball. The agreement means that Topps has exclusivity on MLB and Club trademarks, logos and other intellectual property, for use on baseball cards, stickers and other products featuring MLB players.
As part of Topps plans to expand and to strengthen its connection with kids, Topps has unveiled many of new and innovative products over the past two years including, Topps Attax, a new trading card game, ToppsTown.com, an online sports community developed for kids and Topps 3D Live trading cards, which brings your favourite MLB players to digital life.
Topps has unveiled its first exclusive MLB product with 2010 Topps Baseball Series 1. As part of this year’s product release, Topps is truly putting all of their cards on the table. Topps has scoured their vaults and is making available over one million original Topps cards, including every Topps base card produced since 1952. This means that some collectors will have a chance at such rare rookie cards as Mickey Mantle, Jackie Robinson and Cal Ripken Jr., as part of this promotion.
Special code cards will be inserted in one out of every six packs of 2010 Topps Baseball Series 1. Fans then enter the code online and receive an original vintage Topps card. The year-long program also includes 2010 Topps Baseball Series 2 and 2010 Topps Updates and Highlights. Each code redeemed will allow that fan the opportunity to win a 1952 Mickey Mantle rookie card.
In August 2009, Topps became the first exclusive baseball card company of MLB in nearly 30 years. This is Topps’ first exclusive product since they announced a multi-year licensing deal in 2009 to become the official baseball card of Major League Baseball. The agreement means that Topps has exclusivity on MLB and Club trademarks, logos and other intellectual property, for use on baseball cards, stickers and other products featuring MLB players.
As part of Topps plans to expand and to strengthen its connection with kids, Topps has unveiled many of new and innovative products over the past two years including, Topps Attax, a new trading card game, ToppsTown.com, an online sports community developed for kids and Topps 3D Live trading cards, which brings your favourite MLB players to digital life.
Saturday, February 13, 2010
Hobby News - The Saturday Edition
In response to the request by Major League Baseball Properties (MLBP) to issue a temporary restraining order on the distribution of questioned baseball cards, Upper Deck has filed an official opposition brief. Upper Deck is attempting to provide legal reasoning for producing baseball trading cards that use exclusive licensed logos and trademarks.
The filed document addresses these issues and more:
A. MLBP has not shown that it will suffer irreparable harm.
B. MLBP is not likely to succeed on the merits of its trademark claims:
- MLBP has not shown consumer confusion is likely.
- Upper Deck cannot compete in the market for baseball cards unless it can produce cards that contain action photographs of baseball players in their uniforms.
- Upper Deck’s use of MLBP’s marks is nominative fair use.
- MLBP has not shown that dilution is likely.
C. MLBP will not succeed on the merits of its breach of contract claim:
- The License’s language prohibiting non–trademark use of the MLBP’s marks after expiration of the license is unenforceable.
This is all in relation to the recent release of a pair of 2009 baseball card sets from Upper Deck that use MLB logos as part of the cards, despite Topps‘ role as the exclusive licensee of MLB.
“We are surprised and disappointed that Upper Deck, a former partner of ours, would violate our contract by clearly using our intellectual property without our permission,” said Matt Bourne MLB’s VP of Business Public Relations. “We will vigorously use all legal means to protect the intellectual property of Major League Baseball and its member Clubs.”
Upper Deck is licensed solely by the MLB Players Association, not MLB Properties. The products that MLB is addressing are 2009 Ultimate Collection and 2009 Signature Stars, which carry statements that the cards are not authorized by MLB but also do not obscure team logos in the photographs.
The filed document addresses these issues and more:
A. MLBP has not shown that it will suffer irreparable harm.
B. MLBP is not likely to succeed on the merits of its trademark claims:
- MLBP has not shown consumer confusion is likely.
- Upper Deck cannot compete in the market for baseball cards unless it can produce cards that contain action photographs of baseball players in their uniforms.
- Upper Deck’s use of MLBP’s marks is nominative fair use.
- MLBP has not shown that dilution is likely.
C. MLBP will not succeed on the merits of its breach of contract claim:
- The License’s language prohibiting non–trademark use of the MLBP’s marks after expiration of the license is unenforceable.
This is all in relation to the recent release of a pair of 2009 baseball card sets from Upper Deck that use MLB logos as part of the cards, despite Topps‘ role as the exclusive licensee of MLB.
“We are surprised and disappointed that Upper Deck, a former partner of ours, would violate our contract by clearly using our intellectual property without our permission,” said Matt Bourne MLB’s VP of Business Public Relations. “We will vigorously use all legal means to protect the intellectual property of Major League Baseball and its member Clubs.”
Upper Deck is licensed solely by the MLB Players Association, not MLB Properties. The products that MLB is addressing are 2009 Ultimate Collection and 2009 Signature Stars, which carry statements that the cards are not authorized by MLB but also do not obscure team logos in the photographs.
Saturday, February 6, 2010
Hobby News - The Saturday Edition
MLB Files Trademark Infringement Lawsuit Against Upper Deck
Upper Deck, which last week agreed to pay millions to Japanese video game publisher Konami to settle a dispute over counterfeit "Yu-Gi-Oh" cards, is now being sued by Major League Baseball. On Monday, Major League Baseball Properties, the league's licensing division, filed a federal lawsuit against Upper Deck which accuses the company of trademark infringement and illegally selling cards that feature official team logos and uniforms. The complaint also notes that Upper Deck owes MLB $2.4 million.
In August, MLB granted Topps an exclusive, long-term license to produce baseball cards. The agreement gave Topps a monopoly on baseball and ended Upper Deck's 22-year relationship with MLB. In related news, Panini has become the exclusive producer of basketball cards and Upper Deck is reaching the end of its' five-year exclusive NHL license this season.
In a defiant move, Upper Deck responded by re-signing its licensing agreement with the MLB Players Association, a deal that provides rights to sell cards with players' images and likenesses. Upper Deck recently unveiled two new sets of cards for the 2009 season that do not have team names or logos printed on the borders of the cards but do include pictures of players in MLB uniforms. For example, Boston Red Sox's first baseman Kevin Youkilis' card shows him wearing the Boston jersey and helmet but the card identifies his team only as "Boston." In The Game, an NHL card manufacturer, creates sets without an NHL license however it follows the rules by not including logos and full team names.
The two new card sets are at the center of MLB's complaint. They allege that Upper Deck's conduct is "reflective of a pattern of utter disrespect for the contractual and intellectual property rights of those from whom it licenses valuable trademarks."
For Upper Deck, the suit is the latest in a string of legal and management setbacks. In the Konami case mentioned above, one Upper Deck executive testified that she witnessed CEO Richard McWilliams shred counterfeit cards in his office. That settlement came on the heels of a separate dispute with Topps, which sued Upper Deck last year for stealing its card designs. Topps claimed that designs for some of Upper Deck's 2009 cards were virtually identical to cards Topps produced in the '70s.
It's not the first time MLB has sued a card company for improperly using official logos. In the past decade, MLB filed claims against Donruss and Pacific, both of which put official MLB marks on cards after their agreements had expired. Ironically, Topps has been in Upper Deck's current position in the past. During the '70s, Topps had a licensing deal with the pro football players' union to make cards, but did not have an agreement with the NFL. As a result, its cards for several years featured no NFL marks and obscured logos on uniforms and helmets.
Upper Deck, which last week agreed to pay millions to Japanese video game publisher Konami to settle a dispute over counterfeit "Yu-Gi-Oh" cards, is now being sued by Major League Baseball. On Monday, Major League Baseball Properties, the league's licensing division, filed a federal lawsuit against Upper Deck which accuses the company of trademark infringement and illegally selling cards that feature official team logos and uniforms. The complaint also notes that Upper Deck owes MLB $2.4 million.
In August, MLB granted Topps an exclusive, long-term license to produce baseball cards. The agreement gave Topps a monopoly on baseball and ended Upper Deck's 22-year relationship with MLB. In related news, Panini has become the exclusive producer of basketball cards and Upper Deck is reaching the end of its' five-year exclusive NHL license this season.
In a defiant move, Upper Deck responded by re-signing its licensing agreement with the MLB Players Association, a deal that provides rights to sell cards with players' images and likenesses. Upper Deck recently unveiled two new sets of cards for the 2009 season that do not have team names or logos printed on the borders of the cards but do include pictures of players in MLB uniforms. For example, Boston Red Sox's first baseman Kevin Youkilis' card shows him wearing the Boston jersey and helmet but the card identifies his team only as "Boston." In The Game, an NHL card manufacturer, creates sets without an NHL license however it follows the rules by not including logos and full team names.
The two new card sets are at the center of MLB's complaint. They allege that Upper Deck's conduct is "reflective of a pattern of utter disrespect for the contractual and intellectual property rights of those from whom it licenses valuable trademarks."
For Upper Deck, the suit is the latest in a string of legal and management setbacks. In the Konami case mentioned above, one Upper Deck executive testified that she witnessed CEO Richard McWilliams shred counterfeit cards in his office. That settlement came on the heels of a separate dispute with Topps, which sued Upper Deck last year for stealing its card designs. Topps claimed that designs for some of Upper Deck's 2009 cards were virtually identical to cards Topps produced in the '70s.
It's not the first time MLB has sued a card company for improperly using official logos. In the past decade, MLB filed claims against Donruss and Pacific, both of which put official MLB marks on cards after their agreements had expired. Ironically, Topps has been in Upper Deck's current position in the past. During the '70s, Topps had a licensing deal with the pro football players' union to make cards, but did not have an agreement with the NFL. As a result, its cards for several years featured no NFL marks and obscured logos on uniforms and helmets.
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