TRO Lifted on Upper Deck Products

Ysponder

Jun 18 2008 4:33PM
http://www.beckett.com/estore/news/?A=9639

A court today ruled that Upper Deck can return to regular business practices for distributing all baseball products, a source with the company confirmed.

Effective 4:30 PM EDT Wednesday, the Temporary Restraining Order was lifted, thereby authorizing the company to return to normal business practices. Upper Deck distributors and customers can resume selling all Upper Deck baseball products, including 2008 SP Legendary Cuts Baseball, the brand at the center of the recent court action.

"Upper Deck is pleased we are able to get 2008 SP Legendary Cuts Baseball into the market for our collectors," said Tim Muret, Upper Deck's vice president of Sports Cards and Memorabilia. "The product has such a huge following and we are happy collectors will get to enjoy the experience of pulling the exciting cut signature autographs of baseball's greatest stars."

The TRO was put in place last Monday when Topps and CMG Worldwide Inc., filed a trademark infringement lawsuit in Indianapolis court. The five-page suit cited that the California-based company wrongfully used images and player names of 16 baseball legends – including Ty Cobb, Lou Gehrig, Jackie Robinson, Mel Ott, Jimmie Foxx, Rogers Hornsby, Thurman Munson, George Sisler and Johnny Mize – who were exclusively licensed by Topps in an April 2008 agreement.

At issue was the use of player names and statistics, which Topps believed were covered under their exclusive contract. In the complaint, Topps stated it "would not have entered into these agreements without having the rights to the legends' intellectual property on an exclusive basis."