Question about Upper Deck lawsuit settlement and redemption cards
TonyC
Posts: 1,401 ✭✭✭
Does anyone know if the settlement UD reached with MLB will preclude them from fulfilling redemptions from baseball products? If so, that could stir up a huge hornet's nest.
Collecting Tony Conigliaro
0
Comments
The settlement should have no negative effect on redemptions.
UD agreed to pay a large check to resolve the infringement issues
through 2009.
UD agreed to pay smaller additional funds to cover infringements
by any 2010 products.
MLB collected what it wanted for the period through 2009, and
likely discounted the 2010 money to avoid having to litigate the
more problematic issues related to alterations UD made to the
TM/CR materials.
...........
(MLB) called the settlement a "clear and decisive victory," adding
Upper Deck will be forbidden from producing "cards that incorporate
Major League Baseball's intellectual property in the future."
.....................
A full blown trial of EXACTLY what acts constituted an "infringement"
could have opened doors that MLB must keep closed as long as they
can.
Clearly, MLB has a right - and an obligation - to defend its IP. Here, MLB
got what they needed to get without having to address any of the fair
use and modification issues in a definitive manner. A TINY UD-win on even
one part of even one issue raised in the complaint could have harmed MLB.
UD blinked because they have shallow pockets. MLB expressed its appreciation
by cutting UD a deal similar to one that UD might have enjoyed if UD had been
awarded the legit rights to produce the cards.
Someday, MLB may come up against an outfit willing to go all the way. They hope not.