Category Archives: upper deck lawsuit weekly

My Thoughts On The Ultimate Patches

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There have been a lot of swirling rumors about the recent jumbo patches in Ultimate Collection, mainly stemming from the patches actual use in games. Many of the questions have come from people with a background in game used jerseys of older baseball players, and those people are bringing up some very valid points as to where the patches are coming from.

After the solidifcation of the rumors surrounding the counterfeit yu-gi-oh cards, people are quick to jump to conclusions on the recent release, especially when conspiracy is brought up. The general feeling is in relation to the fact that creating counterfeit gaming cards is not far off from creating counterfeit patches in baseball cards. Despite the fact that Upper Deck did admit to creating fakes, I doubt they would risk fake patches with all the ways it could come back to bite them. There are just too many experts out there, and way too many avenues of creating a problem if they were discovered. Does that mean it isnt possible? No, but it definitely makes it a little more than improbable that this is the truth behind the curtain.

Obviously, the top draws in the set are players like Ted Williams and Roberto Clemente, and the problem stems from the makeup of the patches. According to these people, its mostly the way the swatches in Ultimate compare to game used jerseys that people know to be game used. What the “experts” are saying is that these jerseys were not from the timeframe specified because of the way they are stitched, as well as the material of the jersey. Their prediction is that the jerseys are from old timer games and from situations like that, to which many people are echoing their sentiments. Personally, after reading a lot about this subject, I have to agree with the people who know their stuff. However, I don’t think that it completely damns UD into a new realm of deception. That’s where I differ on this.

The reason I have this belief comes from two specific products that are NEVER blasted despite obvious correlations. The first is Topps Triple Threads, and the second is Topps Sterling. Both are heralded products among the legally blind portion of our hobby, despite the fact that its obvious that the same type of swatches are used, with language on the card that is even more vague than UD’s. Im sure you all have seen the stark white swatches on many of the cards from those sets over the years, but no one seemed to care about it. I guess when you arent screwing the pooch every other week, people overlook things.

In fact, the language on the back of a Triple Threads cards reads that the swatches are not from any specific game or season, while the Upper Deck says that they are used “in a game.” From these statements, its easy to see that the companies are leaving the door open for jerseys used outside a regular season MLB game. Although I don’t support or buy cards like that, others have never had a problem buying both Triple Threads or Sterling despite this terribly worded statement on the back.

To that, I say, if you have a problem with player worn versus game worn, don’t buy the Williams or Clemente cards. If you don’t, go right ahead. For the other players, im sure the cards are real, yet if you don’t feel comfortable buying them, that’s up to you. This is the joy of competition, and I am sad that exclusivity has gotten to this point in the hobby.

Has The Upper Deck Lawsuit Done More Good Than Bad?

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The Upper Deck lawsuits have brought a lot of attention to the hobby, some good, a lot bad. Oddly enough, with all of the bad press, there sure have been a lot of people who have started poking around on here. Ill give you an example. Since the lawsuits have broken on ESPN and other news outlets, SCU has gotten close to 1,000 visits per day. That is 35% more than I would normally get in a day, and I had not broken 1K before without a link from Deadspin. Although some blogs are fighting to drive up traffic with days devoted to giveaways, SCU has greatly benefitted from people looking to actually find out about the lawsuits and other hobby info. In addtion to that, many of them have returned multiple times for both updates and other articles and posts. At least 2 people in the Ultimate break came to the site as a result of hearing about the lawsuit coverage from a news source other than a shop or a hobby site.

In fact, since the Upper Deck lawsuit posts have run on SCU, I have received about 10-15 emails a day asking both about the lawsuit, or about the lawsuit and how the hobby has changed over the years. One person, Jeremy, wanted to start collecting cards after he heard that autographs and game jerseys were packed out in boxes now. That, my friends, is the great audience that baseball cards have. Although a few of these people have never collected cards, they have heard they exist, and now want to start as a result of info gleaned from the lawsuit publicity. Whoever said that any publicity is good publicity is right, because there are more new faces on this site than ever.

What is even better is that instead of going to a place like Beckett, they are turning elsewhere. Instead of getting bombarded with fluff and regurgitated crap about how book value is still relevant in this world, they are coming to SCU and other blogs. Because of these sites, they get the real meat of what to expect when joining or rejoining the collector ranks, instead of unrealistic expectations. Im not saying that Beckett wont get traffic as a result of giving away 2 dollar jersey cards, but at least there are that many more people who are now seeing how to function in this hobby without a price guide at their eye level. So far this week, posts from SCU’s almost two year existence have gotten more clicks than ever, especially ones about the evils of Beckett’s grasp on the uniformed part of the hobby.

Personally, I think its kind of funny that this kind of stuff is growing the number of people who buy cards, as you would expect it to be the opposite. Even the local shop I visit has had increased traffic over the last few weeks. That is crazy, especially when you consider the nature of what is going on. I will say this, products like Ultimate may be in Topps’ best interest to stick around, because it has really been a LONG FUCKING TIME since something good has come out, and they can definitely benefit from its success.

In all seriousness, I am just happy that SCU is reaching a broader audience than it ever has, especially in covering fakes and scams. Although I may have “appointed [myself] a guardian of the hobby,” I fail to see why that is bad. More people are wising up, and even more people are starting to realize why Beckett is no longer the number one source anymore, thanks to the card blogger network and message boards. Remember, two years ago, there was only a minority of people who had lost faith in the hobby media’s attention to the important parts of the industry. Now, it’s an expected outcome with every informed collector, and I credit the number of people who do their fucking homework. Now that sites like this are coming up at the top of google seaches rather than the same old bullshit, you are starting to see a lot of differences in the way people function. That fact is all because of how a voice is all that is needed to make waves, and I encourage all of you to speak up to make it more turbulent in these waters. Even if we don’t agree, informed commentary is always a better thing than posting news releases and official statements 24/7. That way, the future of the hobby is what WE make of it, not some disconnected curmudgeons who have no clue of what is going on.

Does Upper Deck Actually Have a Shot Against the MLB lawsuit?

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To tell you the truth, im not sure any more. Here are the facts, followed by my own questions and comments.

Fact: MLB’s license to use logos and team names lies only with Topps.
Question: Because UD’s cards feature no printed logos or team names on the cards themselves, does this leave them exempt? Im going to say that in my opinion, they shouldnt have risked it by including what they did in the photos, or at least tried to blur it a little. On the other hand, no where on the card does it use the team names or logos.
Fact: MLB is contending that collectors will mistake licensed cards for unlicensed ones
Question: Is UD on the right side of the law because they prominently display a lack of license in 3 spots? I side with UD on this one, as there should not be any confusion in the hobby. Unless the people have been living under a rock, are blind, and cant hear the little birds on their own shoulder, they know UD is out of the baseball logo game.
Fact: Upper Deck will have a market with or without logos
Question: Does MLB really expect it to get any better if the players were airbrushed? I think Ultimate would have been Ultimate with or without blurred or airbrushed pictures. I thought the point of a cease and desist was to stop someone before damage is done. In my opinion there is little damage done by a lack of airbrushed photos. Its not like more collectors would avoid a product with cleverly done logo blurring.
In the end, im not really sure where this lawsuit will go, and how much MLB will be able to prove. According to a few other bloggers, Upper Deck is going be using message boards and blogs to show a lack of misunderstanding about their license status, and they may actually have a point. Remember, this is ONLY about the photos, not about the cards. However, with MLB saying that the uniforms and hats are part of their likeness, it may be hard for a judge to overlook that.
The main question really is why Upper Deck would even risk it in the first place.

Another Upper Deck Lawsuit Looks Like A Mortal Kombat Style Fatality

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ESPN is now reporting that the lawsuit is official, even though there has not been any returned calls from UD’s reps. By releasing Ultimate Collection with logos, as well as Signature Stars and UD Base Series One, they were pretty much asking for a Sub Zero freeze ball upper cut with spine rip. Yes, this could spell disaster unless they have found a way to circumvent the license agreement.

It does state VERY clearly on every card and box that MLB does not license the product, and there are no team names or logos on the card borders or back side. This could be the saving grace of this suit, as other sets have toyed with this idea and squeaked through the defense.
Who knows, this may be the finishing blow that we all knew was coming.

What Happens After Upper Deck?

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Its been a long January for Upper Deck, one that includes losing millions on a lawsuit that never should have been an issue. The offense was a needless and stupid risk, and it put the entire company in jeopardy. Now with a pending lawsuit from the MLBPA, is Upper Deck hoping to go down in a blaze of glory? Ultimate Collection baseball was a big middle finger to the licensing agreement, and considering the logos mean little to a set like Ultimate, it just becomes more needless money down the drain.

Now, I hate the exclusives more than anything, I hate that one company has a hold on any one player/league/brand. But, I will say that once the damage is done, you gotta nut up or shut up. That means bend the rules when you have the means to do it, and sit on your hands when you don’t. When you have a multimillion dollar suit stamped on your company’s wikipedia page, you don’t fuck with the law. Its that simple. Even if you are on the verge of bankruptcy, you don’t help it along. Those are the expectations, and UD decided to piss on the flames. It aint gonna put them out, but it does leave you with a urine soaked mess when everything is said and done.

Upper Deck produces the highest quality cards on the market, bar none, as evidenced by their great ideas in years of SPA, Exquisite, and others. They don’t produce gold with every release, but their huge amount of on card autos, lack of foilboard, and amazingly great design puts them high above companies that put out a never ending stream of visual diarrhea. They have built a huge hatred among collectors for any number of terrible offenses, but many of them continue to buy because of the way the cards look with every product. Personally, I will not have much to buy if they go under, that should be obvious by now. However, I know a lot of other collectors out there feel the same way from the emails I get daily. I don’t get “countdown to Absolute” emails like I get “countdown to SPA” emails, that’s how much people love the products they put out. Yet, many don’t seem to understand how that will affect the industry.

Because Upper Deck is doing everything in their power to go out with a bang instead of trying not to go out, we are left holding the short end of the stick. Although nothing is certain at this point, its becoming clear that there is going to be little that UD can do to come back from this disaster. What I find interesting is that Ultimate Collection has obviously been in production for a long time, and there was no effort to curtail the logos on the cards. Remember, the first lawsuit is only a couple months in progress.

Regardless of the way everything shakes out, Upper Deck’s eventual exit is not good for anyone. Already, Topps has sunk to a laziness in producing baseball cards, and Panini has no chops in producing football. That means there will be a huge hole in the collecting wants of the general public, and I for one, will not buy the drivel that seems to be commonplace outside of UD’s stuff. Granted, its not like they didn’t get what they deserve, but that doesn’t soften the blow when dealing with a neverending sea of Triple Threads.

If UD does bite the bullet, there will be much rejoicing among people who don’t know any better. They cant/wont understand the destruction it will cause, and it may take years to recover. This is not a plea to get you to support UD or condone their practices, but it is a reminder of what will be missed when they leave. From a cards only perspective, things would be a lot worse off without their presence. That’s indisputable.