Topps/CMG Sue UD Over 2008 SP Legendary Cuts

By Kevin Haake

On Monday, Topps and CMG Worldwide Inc., filed a trademark infringement lawsuit in Indianapolis court against chief rival Upper Deck. The five-page suit cites 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.

Under the guidelines of Topps' deal with CMG Worldwide, the company was granted "The exclusive right and license . . . to use the property in connection with the cards [trading cards] as outlined below: Property's name, likeness and/or statistical data on and in connection with the manufacture, production, marketing, distribution and sale of all trading card products including but not limited to base cards, relic cards featuring authentic cut signatures and/or pieces of game-used equipment such as bats, caps, etc., event/milestone cards, advertising and/or promotional cards, game cards, digital/electronic cards and stickers."

The suit states Upper Deck lost the right to use the respective players' information after its original 2005 contract with CMG expired and Topps and CMG came to a new exclusive deal. 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."

Upper Deck's Chris Carlin released the following statement earlier today: "Upper Deck has not been served by either CMG or Topps with a summons or complaint, nor has it had an opportunity to fully review the allegations contained therein. Nonetheless, based upon the information available to it, Upper Deck believes that the lawsuit is factually and legally inaccurate. Upper Deck will vigorously defend itself, and pursue all remedies available to it pursuant to the law, in this matter."

The Topps/CMG suit seeks unspecified monetary damages while requesting a court ordered temporary restraining order barring Upper Deck and its distributors from releasing 2008 SP Legendary Cuts a product that was scheduled to go live today.

"When the news broke this spring that CMG had reached an agreement with Topps, we wondered aloud what it would mean for Upper Deck's legends-themed products," says Beckett Media Senior Market Analyst Brian Fleischer. "Specifically, we were curious as to what it would mean for SP Legendary Cuts, arguably Upper Deck's most popular brand. If the product is indeed pulled from store shelves it would leave a serious vacancy in the hobby. Traditionally, SP Legendary Cuts is one of the most anticipated releases of the year."

Historically, the vast majority of cut signature cards released into the marketplace each year hail from Upper Deck's SP Legendary Cuts.

"Obviously, if the product is recalled, cut signature collectors are going to have a much harder time adding to their collections," Fleischer adds. "As of right now, we know that there are 2008 SP Legendary Cuts singles currently available on the market. If the product is recalled by court order, it will, without a doubt, affect the value of those cards that have already made their way to market."

It's Awesome Baby...Newest Hall of Famer Signs With Donruss

Arlington, TX - Official at Donruss announced today that the newest member of the Basketball Hall of Fame, Dick Vitale, has signed his very first autograph agreement with the company. Donruss recently completed the signing with the enthusiastic Vitale, known for his catch phrases and high-energy commentary for ESPN.

"It's amazing that in the competitive basketball market you can still find someone this popular that hasn't had a certified autograph card," said Marketing Director Scott Prusha. "This is another FIRST for the industry and another way we are creatively providing content that nobody else has to make the Americana and Elite Extra Edition Series the most popular in the industry."

Dick Vitale will make his debut in Donruss Americana II, set to release this summer. He is also set to make an appearance in the popular collegiate themed product, Donruss Elite Extra Edition. Vitale signed stickers as well as several of his catch-phrase notations on cuts including: "Its Awesome Baby" , "Dickie V" , "Mr. College Basketball" and "Dipsy Doo Dunkeroo".

Vitale's career started in the coaching ranks, first for the University of Detroit and then for the NBA's Detroit Pistons. After being released from his duties with the Pistons, he decided to take a job at a little known television station ESPN, at least until another coaching job became available. We all know where ESPN went and the 2008-09 seasons will be Vitale's 30th with the juggernaut.

Donruss continues to roll-out the announcements for these ground breaking programs. From firsts like Martina Navratilova and Mixed Martial Arts cards, to President George Bush. The Americana series includes names such as Hollywood legends Humphrey Bogart, James Dean, Marlon Brando and Marilyn Monroe, as well as pop-culture icons William Shatner, Burt Reynolds, John Travolta and Ashley Judd.

Donruss Americana series II will release in July and Celebrity Cuts will reach hobby shops in mid-April. For more information visit www.donruss.com.

Bonds 762 Home Run Ball Sells For

The record-setting Barry Bonds 762 home run ball was sold Saturday in an online auction at scpauctions.com for $376,612, including buyer's premium, to a collector who elected to remain anonymous.

Bonds' sent a 99-mph fast ball thrown by Colorado's Ubaldo Jimenezt into the Coors Field bleachers, and the record books, on Sept. 5, 2007. Boulder resident Jameson Sutton, 24, retrieved the ball from a three-man scuffle and placed 762 in a safety deposit box until coming forward on March 13. At the time, Sutton did not believe he had Bonds' final home run ball, expecting the slugger would hit another home run in the last three weeks of the 2007 season and thinking Bonds might play in 2008. Due to a serious illness in the family, Sutton decided to sell the ball with SCP Auctions.

"I am happy with my decision to sell the 762 ball and wish the new owner the best," Sutton said. "I'm especially proud to help my family pay some of the medical costs due to my father's illness."

Sutton and his family have created an LLC to handle proceeds of the sale of the ball, 50-50 with his parents. Money his parents receive will help defray the costs of Sutton's stepfather's battle with cancer.

SCP Auctions is no stranger to Bonds' memorabilia, having sold home run balls No. 755 and 756 for $186,750 and $752,467, respectively, on Sept. 15, 2007. In August 2006, Bonds' 715th home run ball, making him second on the all-time home run list surpassing Babe Ruth, sold for $220,100 at auction.

McNair Retires. What Next for Ravens?

By Dan Hitt

One of the most popular Baltimore Ravens, Tennessee Titans and Houston Oilers players of all time retired this week. Steve McNair will be remembered most by fans as the guy who took the new version (the Titans) of the old Oilers to the Super Bowl for the first time and came within a yard or two of sending the game into OT.

He'll likely be remembered by collectors, though, as a small-college player who actually lived up to the draft-day hype to justify the early collector, and investor, speculation in his cards.

But with McNair stepping aside, who will replace the veteran at the helm for the Ravens? Who should collectors set their card-loving sights on now? The short answer may appear to be Troy Smith, since he's the young future star in waiting. After all, collectors have seen enough of Kyle Boller, right? Even the most novice fans realize he's not the future at starter, so Smith must be the guy. We need to start buying him up like crazy, right?

Hold your horses. There is plenty of speculation that the McNair retirement throws the Ravens right into the middle of the pursuit for Matt Ryan or some other top QB in the draft. Or the Ravens could give strong consideration to a veteran QB if draft day doesn't produce an answer.

Either way, we'll find that out in about a week. Until then, we strongly suggest holding off on going full steam toward Troy Smith cards until the dust settles.

UD Inks Sizemore, Kemp and Bynum

You win some, you lose some. Days after losing a number of baseball legends, Upper Deck demonstrated its leadership in the field of modern stars by signing exclusive deals with MLB standouts Grady Sizemore and Matt Kemp and NBA up-and-comer Andrew Bynum. Terms of each deal are different, but they all provide autograph collectors with ample opportunity to secure authentic signatures in upcoming products.



"These three athletes represent another coup by Upper Deck in terms of seeking out and securing some of the most collectible athletes in their respective sports," said Tim Muret, Upper Deck's vice president of Sports Cards and Memorabilia.

Sizemore, Cleveland's starting center fielder, is a terrific talent who collected 174 hits including 24 home runs last season as he helped the Tribe get to within one win of the 2007 World Series. He also earned his first Rawlings Gold Glove award in 2007 after posting a .995 fielding average. UDA's contract calls for Sizemore to sign a wide assortment of baseball items including authentic game model Indians jerseys (home white, away gray and alternate blue) for $429.99 each, framed jerseys for $629.99, framed 16" x 20" photos for $349.99, bats at $274.99, batting helmets for $249.99, and mini-helmets, baseballs and 16" x 20" photos, $199.99. Products should be available in June.

Kemp, the Dodgers up-and-coming outfielder, collected 100 hits in just 98 games last season as he hit a robust .342 with 10 home runs and 42 RBI. His exclusive contract with UDA calls for him to sign the following lineup of baseball keepsakes: authentic Majestic Dodgers white home jerseys, $279.99; framed jerseys, $479.99; Rawlings Big Stick bats, $179.99; regulation-sized Dodger batting helmets, $159.99; inscribed baseballs, $129; regular baseballs, $99.99; and Dodger Stadium "At-Bat" 11" x 16.5" photos, $89.99. Kemp's products have been signed and will be available shortly.

Bynum, the Lakers' third-year center, averaged 13.1 points and 10.2 rebounds in 35 games this season. His efforts helped his team claim the Western Conference's Pacific Division crown with a 57-25 mark. He will sign Lakers jerseys for $399.99, Spalding basketballs for $299.99, and framed and unframed 8" x 10" and 16" x 20" photos for prices ranging from $169.99 to $299.99. His unframed products will be available in early May.

Alexander The Great Nets $2K

The following story appeared on www.beckett.com on February 25, 2008

There are many myths surrounding the origins of baseball.

Many people believe that Abner Doubleday invented baseball one day in 1839 while in Cooperstown, New York.

That "myth" is definitely not true.

In reality, baseball evolved out of several different "bat and ball" games such as English Rounders, Cricket, and American Town Ball that had been around for centuries.

But there is one man who deserves the credit for establishing the fundamental rules of the sport and for organizing the first baseball game ... Alexander Cartwright.

Cartwright, a member of the Town Ball team the New York Knickerbockers, drew up clear rules designed to convert Town Ball into a more elaborate sport that Cartwright called Base Ball.

Cartwright's historical contributions to baseball have made his unimaginably scarce autographs key targets of both manufacturers and collectors.

Since 2003, Cartwright has had just two cut signature cards introduced into the marketplace via Upper Deck's SP Legendary Cuts brand. A third Cartwright cut signature recently surfaced courtesy of Donruss' Playoff National Treasures product, and recently sold for over $2,200 in an online auction.

The card was the first Cartwright cut signature sale that Beckett Baseball had tracked since 2004. According to Senior Price Guide editor Grant Sandground,

"We've tracked two previous sales of Cartwright cut signature cards. The first card, 2003 SP Legendary Cuts Autographs, was consigned through Sotheby's and sold via eBay in June 2005 for $6,500. The second card, 2004 SP Legendary Cuts Historical Cuts, failed to meet reserve when the bidding stalled at $5,600 in October, 2005. The same owner placed the card back up for sale on eBay in late February, 2006 and the card failed to draw an opening bid at the asking price of $6,600."

Considering the final hammer price for the most recent Cartwright cut signature offering was down 60 percent from previously established highs, the winning bidder walked away with one phenomenal, and historically significant, deal.

-- Kevin Haake

Wild Card on the Loose as Upper Deck Goes Political

Move over Obama.

As the candidates battle it out for delegate share, the Carlsbad-based Upper Deck Co. accidentally released a Hillary Clinton parody baseball card that has become a financial home run for some lucky collectors.

All of the Clinton cards — a characterization that matched her with Morganna the Kissing Bandit, a very buxom woman notorious for charging onto baseball fields and planting kisses on players — were supposed to have been manually pulled from the “Presidential Predictor” set, says Upper Deck’s director of sports marketing, Kerri Stockholm.

Realizing at the last minute that it could be perceived as offensive, executives of the sports and entertainment company decided to pull it. But that meant manually removing the cards from machines and loaded packs as they were being prepared for shipment, Stockholm says.

The candidate cards were inserted at a rate of one in every eight packs, so the task of finding all of the Hillary Clinton cards was virtually impossible. Some slipped through and were selling on eBay with bids in the $209 to $1,800 range at midday on Feb. 22.

The cards, including parodies of Al Gore, Fred Thompson, Mitt Romney, Barack Obama, John McCain, John Edwards and Rudy Giuliani, were produced as part of Upper Deck’s 2008 Series One Baseball release to boost sales. They went on the market on Super Tuesday, Feb. 5.

Upper Deck does not reveal sales or production numbers.

“This set was developed as a way to make the product relevant to a wider audience,” Stockholm added.

The Clinton card could likely become very relevant to a small audience.
Stockholm says Upper Deck plans to issue another Hillary Clinton card at the end of May. The company has not yet settled on the final design.

— Connie Lewis

Source: San Diego Business Journal

2008 Heritage SPs and Black Back Variations

Topps is confirming that the all-new 2008 Topps Heritage does include short-printed cards every 1:3 in packs.

In addition, there are several base cards that feature a black back variation where the card number box is black instead of green (mimics the original 1959 set).

Following are the checklists for the Short Prints and the Black Back Variations.

Short Prints
#11 Luke Scott, Baltimore Orioles
#231 Kevin Gregg, Florida Marlins
#315 Jacque Jones, Detroit Tigers
#381Casey Blake, Cleveland Indians
#409 Jon Lester, Boston Red Sox
#426 Kyle Lohse, Philadelphia Phillies
#427 Doug Davis, Arizona Diamondbacks
#428 Ian Snell/Matt Capps/Tom Gorzelanny/Paul Maholm, Pittsburgh Pirates
#429 Miguel Batista, Seattle Mariners
#430 Chien-Ming Wang, New York Yankees
#431 Jeff Salazar, Arionza Diamondbacks
#432 Yadier Molina, St. Louis Cardinals
#433 Adam Wainwright, St. Louis Cardinals
#434 Scott Kazmir, Tampa Bay Rays
#435 Adam Dunn, Cincinnati Reds
#436 Ryan Freel, Cincinnati Reds
#437 Jhonny Peralta, Cleveland Indians
#438 Kazuo Matsui, Houston Astros
#441 Emil Brown, Kansas City Royals
#442 Gary Sheffield, Detroit Tigers
#443 Jake Peavy, San Diego Padres
#444 Scott Rolen, Toronto Blue Jays
#445 Kason Gabbard, Texas Rangers
#446 Aaron Hill, Toronto Blue Jays
#447 Felipe Lopez, Washington Nationals
#448 Dan Uggla, Florida Marlins
#449 Willy Taveras, Colorado Rockies
#450 Chipper Jones, Atlanta Braves
#451 Josh Anderson, Atlanta Braves
#452 Chris Young/Justin Upton/Eric Byrnes, Arizona Diamondbacks
#453 Braden Looper, St. Louis Cardinals
#454 Brandon Inge, Detroit Tigers
#455 Brian Giles, San Diego Padres
#456 Corey Patterson, Baltimore Orioles
#457 Los Angeles Dodgers
#458 Sean Casey, Detroit Tigers
#459 Pedro Feliz, San Francisco Giants
#461 Chone Figgins, Angels
#462 Kyle Kendrick, Philadelphia Phillies
#463 Tony Pena, Kansas City Royals
#464 Marcus Giles, San Diego Padres
#465 Augie Ojeda, Arizona Diamondbacks
#466 Micah Owings, Arizona Diamondbacks
#467 Ryan Theriot, Chicago Cubs
#468 Shawn Green, New York Mets
#469 Frank Thomas, Toronto Blue Jays
#470 Lenny DiNardo, Oakland Athletics
#471 Jose Bautista, Pittsburgh Pirates
#472 Manny Corpas, Colorado Rockies
#473 Kevin Millwood, Texas Rangers
#474 Kevin Youkilis, Boston Red Sox
#475 Jose Contreras, Chicago White Sox
#477 Julio Lugo, Boston Red Sox
#479 Tony LaRussa, St. Louis Cardinals
#480 Jim Leyland, Detroit Tigers
#481 Derrek Lee, Chicaco Cubs
#482 Justin Morneau, Minnesota Twins
#483 Orlando Hudson, Arizona Diamondbacks
#484 Brian Roberts, Baltimore Orioles
#485 Miguel Cabrera, Florida Marlins
#486 Mike Lowell, Boston Red Sox
#487 J.J. Hardy, Milwaukee Brewers
#488 Carlos Guillen, Detroit Tigers
#489 Ken Griffey Jr., Cincinnati Reds
#490 Vladimir Guerrero, Angels
#491 Alfonso Soriano, Chicago Cubs
#492 Ichiro, Seattle Mariners
#493 Matt Holliday, Colorado Rockies
#494 Magglio Ordonez, Detroit Tigers
#495 Brian McCann, Atlanta Braves
#496 Victor Martinez, Cleveland Indians
#497 Brad Penny, Los Angeles Dodgers
#498 Josh Beckett, Boston Red Sox
#499 Cole Hamels, Philadelphia Phillies
#500 Justin Verlander, Detroit Tigers

Black Back Variations
#2 Placido Polanco, Detroit Tigers
#3 Eric Byrnes, Arizona Diamondbacks
#5 Javier Vazquez, Chicago White Sox
#7 Joey Gathright, Kansas City Royals
#8 Philadelphia Phillies
#9 Andre Ethier, Los Angeles Dodgers
#12 Curt Schilling, Boston Red Sox
#13 Billy Wagner, New York Mets
#14 Gary Matthews, Angels
#16 Ichiro, Seattle Mariners
#18 Dontrelle Willis, Detroit Tigers
#21 Troy Tulowitzki, Colorado Rockies
#22 Brian Fuentes, Colorado Rockies
#23 Robinson Cano, New York Yankees
#24 Felix Hernandez, Seattle Mariners
#28 Ivan Rodriguez, Detroit Tigers
#34 Magglio Ordonez/Curtis Granderson, Detroit Tigers
#35 Adam LaRoche, Pittsburgh Pirates
#40 Tim Hudson, Atlanta Braves
#41 Kelvim Escobar, Angels
#42 Jason Jennings, Houston Astros
#45 Chris Ray, Baltimore Orioles
#49 Bill Hall, Milwaukee Brewers
#52 Omar Vizquel, San Francisco Giants
#54 Justin Upton, Arizona Diamondbacks
#57 Brad Lidge, Philadelphia Phillies
#58 Paul Lo Duca, New York Mets
#60 Andy Pettitte, New York Yankees
#61 Brendan Harris, Minnesota Twins
#62 Chris Young, San Diego Padres
#65 Jason Giambi, New York Yankees
#67 Rich Hill, Chicago Cubs
#69 San Francisco Giants
#71 Trevor Hoffman, San Diego Padres
#78 Josh Hamilton, Cincinnati Reds
#79 Mark Loretta, Houston Astros
#81 Torii Hunter, Angels
#82 Carlos Beltran, New York Mets
#83 Jason Isringhausen, St. Louis Cardinals
#84 Brad Penny, Los Angeles Dodgers
#90 Hideki Matsui, New York Yankees
#91 Matt Garza, Tampa Bay Rays
#92 Phil Hughes, New York Yankees
#94 Chicago White Sox
#98 Jon Garland, Angels
#102 Moises Alou, New York Mets
#116 Wladimir Balentien, Seattle Mariners
#117 Daric Barton, Oakland Athletics
#122 Ross Detwiler, Washington Nationals
#126 Dan Giese, San Francisco Giants
#127 Alberto Gonzalez, New York Yankees
#129 Luke Hochevar, Kansas City Royals
#130 Chin-Lung Hu, Los Angeles Dodgers
#135 Mitch Stetter, Milwaukee Brewers
#150 Albert Pujols, St. Louis Cardinals
#155 Johnny Damon, New York Yankees
#173 Ronny Paulino, Pittsburgh Pirates
#174 Mike Cameron, San Diego Padres
#175 Jeff Weaver, Seattle Mariners
#176 Preston Wilson, St. Louis Cardinals
#177 Robinson Tejeda, Texas Rangers
#178 Adam Lind, Toronto Blue Jays
#179 Austin Kearns, Washington Nationals
#180 Jorge Posada, New York Yankees
#185 Brad Hawpe, Colorado Rockies
#186 Rickie Weeks, Milwaukee Brewers
#187 Carlos Silva, Minnesota Twins
#195 Carlos Quentin, Chicago White Sox
#196 Jose Valverde, Arizona Diamondbacks
#197 Derrek Lee, Chicago Cubs
#198 Jerry Owens, Chicago White Sox
#210 J.J. Putz, Seattle Mariners
#211 Mike Sweeney, Kansas City Royals
#224 David Wright, New York Mets
#225 Pedro Martinez, New York Mets
#226 Rich Harden, Oakland Athletics
#227 Shane Victorino, Philadelphia Phillies
#228 Andrew Miller, Florida Marlins
#262 Chad Billingsley/Derek Lowe/Brad Penny, Los Angeles Dodgers
#263 Melky Cabrera, New York Yankees
#264 Shannon Stewart, Oakland Athletics
#265 Aaron Rowand, Philadelphia Phillies
#266 Matt Morris, Pittsburgh Pirates
#267 Xavier Nady, Pittsburgh Pirates
#283 Miguel Cabrera, Detroit Tigers
#284 Luis Gonzalez, Los Angeles Dodgers
#285 Chad Billingsley, Los Angeles Dodgers
#286 Tony Gwynn, Milwaukee Brewers
#291 Matt Chico/Jason Bergmann, Washington Nationals
#301 Ronnie Belliard, Washington Nationals
#321 Randy Winn, San Francisco Giants
#322 Richie Sexson, Seattle Mariners
#323 Juan Encarnacion, St. Louis Cardinals
#324 Rick Ankiel, St. Louis Cardinals
#325 Dan Wheeler, Tampa Bay Rays
#330 Ty Wigginton, Houston Astros
#332 Howie Kendrick, Angels
#333 Kevin Kouzmanoff, San Diego Padres
#334 Matt Holliday, Colorado Rockies
#335 Brandon Phillips, Cincinnati Reds
#336 Ian Kinsler, Texas Rangers
#337 Lyle Overbay, Toronto Blue Jays
#338 Justin Verlander, Detroit Tigers
#347 Chuck James, Atlanta Braves
#350 Jimmy Rollins, Philadelphia Phillies
#360 Magglio Ordonez, Detroit Tigers
#370 Justin Verlander, Detroit Tigers
#371 Pedro Martinez, New York Mets
#372 Ryan Howard, Philadelphia Phillies
#415 Freddy Sanchez, Pittsburgh Pirates

UD Cuts Remaining 07-08 NBA Production Runs

Upper Deck plans to reduce the production run on all NBA card product releases for the remainder of the 2007-08 season in an effort to "further stimulate the NBA trading card," according to a press release. According to Upper Deck, hobby shop owners across the country have been reporting slow sales on most NBA sports card releases this year. For hobby shops that purchase direct from Upper Deck, no allocations will be guaranteed for the remainder of the season and NBA product will only be available on a first come, first serve basis. "The cuts actually started with 2007-08 SP Authentic Basketball and they have been pretty significant," shared Chris Kollmeyer, Upper Deck brand manager for basketball. "The cuts are difficult to take from a financial standpoint, but allow us to make improvements to the brands in ways collectors appreciate. For example, 2007-08 UD Black Basketball will now have two true ‘A' level autographs per 10-box case on average. Collectors can look for autograph cards of legends like Kobe Bryant, Bill Russell, Larry Bird, Magic Johnson and Julius Erving along with Upper Deck exclusive superstar spokesmen like Kevin Durant, LeBron James and Michael Jordan to fall in that mix. This is the type of enhancement the production cuts allow us to make to improve the brand and ultimately the market." Two of Upper Deck's higher-end products are being cut significantly in an effort to increase the overall value and collectibility of the sets. The release of 2007-08 UD Premier Basketball, scheduled to be released on April 2, will be limited to just 499 cases. The release of 2007-08 NBA SP Rookie Threads, scheduled to be released on April 18, will be limited to just 599 cases. Furthermore, the cases will each be sequentially numbered on the outside to prove there were only a finite amount of them produced. "The economy in general is another reason why the trading card market has struggled as of late," said Chris Carlin, Upper Deck hobby marketing manager. "These cuts afford many sports fans the opportunity to invest in their passion as most market experts believe the NBA trading card market will rebound and collectors will come back to this rookie class. When it does recover, we anticipate the limited supply available on Upper Deck products will act as another catalyst to improve values on products from 2007-08 season."