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Thread: Topps Files Lawsuit against Upper Deck

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    Member cumberlandreds's Avatar
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    Topps Files Lawsuit against Upper Deck

    Topps claiming Upper Deck stole their 1975 baseball card design. Sure looks like it to me. They did the same a few years back with the 1971 set.


    http://sports.yahoo.com/mlb/blog/big...urn=mlb,155780
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    Redsmetz redsmetz's Avatar
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    Re: Topps Files Lawsuit against Upper Deck

    From the AP story quoted in your link:

    It said similarities between each company's cards included the use of a colorful, divided two-tone border, the player's photograph superimposed on a thin white border, the player's autograph toward the bottom of the picture and the use of an image of a baseball on a bottom corner of the card.

    Topps said its competitor's cards will confuse or deceive customers because each of the Upper Deck designs are nearly identical to the Topps cards.


    Given that Evan Longoria wasn't born until 10 years after the 1975 cards came out, I'm guessing I can tell the difference.

    It will be interesting to see how this plays out. Back in the day, copyrights were only good for about 28 years (although the copyright could be renewed), but I think that's was changed about 15 years ago. Of course, I don't know how designs are covered, etc. or whether there are trademark questions (I doubt it). I'm not certain Topps prevails.
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    Member cumberlandreds's Avatar
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    Re: Topps Files Lawsuit against Upper Deck

    Quote Originally Posted by redsmetz View Post
    From the AP story quoted in your link:

    It said similarities between each company's cards included the use of a colorful, divided two-tone border, the player's photograph superimposed on a thin white border, the player's autograph toward the bottom of the picture and the use of an image of a baseball on a bottom corner of the card.

    Topps said its competitor's cards will confuse or deceive customers because each of the Upper Deck designs are nearly identical to the Topps cards.

    Given that Evan Longoria wasn't born until 10 years after the 1975 cards came out, I'm guessing I can tell the difference.

    It will be interesting to see how this plays out. Back in the day, copyrights were only good for about 28 years (although the copyright could be renewed), but I think that's was changed about 15 years ago. Of course, I don't know how designs are covered, etc. or whether there are trademark questions (I doubt it). I'm not certain Topps prevails.

    That's what I was wondering. How long are copyrights? Forever or are they renewable? I don't think I would confuse them either. I have the UD set that was similar to the Topps 1971 set. I wouldn't ever confuse the two. But for novices in card collecting I suppose it would be possible.
    Reds Fan Since 1971

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    Just The Big Picture macro's Avatar
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    Re: Topps Files Lawsuit against Upper Deck

    I found it odd that the Yahoo! site chose the 1975 Brooks Robinson card to use in comparison, because as an All-Star, his card had the star at the bottom instead of the baseball. Choosing a player who had the baseball would have provided a more accurate and more similar comparison between the 1975 set and the 2009 UD set.


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    Will post for food BuckeyeRedleg's Avatar
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    Re: Topps Files Lawsuit against Upper Deck

    What a gorgeous set that '75 set was. Tacky, colorful. All 70's.

    '75, '72, and '78 are my favorites. '76 and '77 were pretty nice as well.

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    Re: Topps Files Lawsuit against Upper Deck

    Quote Originally Posted by BuckeyeRedleg View Post
    What a gorgeous set that '75 set was. Tacky, colorful. All 70's.

    '75, '72, and '78 are my favorites. '76 and '77 were pretty nice as well.
    That 75 set always reminded me of the Astro uniforms from that era.
    The 1971 set was always my favorite.
    Reds Fan Since 1971

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    Re: Topps Files Lawsuit against Upper Deck

    I liked 1969... loved those Pilot cards and then those big arse mega cards, then 75.. love 75, but I spent more time looking at girls than that set.

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    Knowledge Is Good Big Klu's Avatar
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    Re: Topps Files Lawsuit against Upper Deck

    Is it just the angle, or does the bill of Brooks Robinson's helmet look awfully short?
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    Baseball card addict MrCinatit's Avatar
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    Re: Topps Files Lawsuit against Upper Deck

    I've gotten a few of those Upper Deck cards (Ortiz is one) - first thought in my mind was that it was a tribute to the '75 set.

    That said, I've thought Topps has been copying itself for several years now. I think it was last year's set that looked a lot like the 1964 set to me.

  11. #10
    The Boss dougdirt's Avatar
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    Re: Topps Files Lawsuit against Upper Deck

    Ah, the 1975 Topps set.... been working on it for over 5 years now. One day I will finish it up. One of my favorite sets of all time.

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    Member cumberlandreds's Avatar
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    Re: Topps Files Lawsuit against Upper Deck

    Quote Originally Posted by Big Klu View Post
    Is it just the angle, or does the bill of Brooks Robinson's helmet look awfully short?
    Yea,I've noticed that before. Maybe it was airbrushed out? Topps loved to play with the airbrushing back then.
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    Will post for food BuckeyeRedleg's Avatar
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    Re: Topps Files Lawsuit against Upper Deck

    There was nothing like pulling a Red out of a pack. Whether it was Bill Plummer, Mike Lum, or Johnny Bench it was such a thrill.

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    Re: Topps Files Lawsuit against Upper Deck

    Quote Originally Posted by BuckeyeRedleg View Post
    There was nothing like pulling a Red out of a pack. Whether it was Bill Plummer, Mike Lum, or Johnny Bench it was such a thrill.
    I can still remember the first Red I pulled out of a pack. It was a 1971 Ty Cline card. I was thrilled!
    Reds Fan Since 1971

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    My clutch is broken RichRed's Avatar
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    Re: Topps Files Lawsuit against Upper Deck

    Quote Originally Posted by BuckeyeRedleg View Post
    There was nothing like pulling a Red out of a pack. Whether it was Bill Plummer, Mike Lum, or Johnny Bench it was such a thrill.
    That was the best. The first Red I remember getting in a pack was a '78 Topps Ray Knight. The '78 set is still my favorite because that's the first year I discovered baseball cards when my mom bought me a pack from the grocery store one day. I think it cost about 30 cents for 15 cards (and a stick of that delicious gum).
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    Matt's Dad RANDY IN INDY's Avatar
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    Re: Topps Files Lawsuit against Upper Deck

    Quote Originally Posted by Big Klu View Post
    Is it just the angle, or does the bill of Brooks Robinson's helmet look awfully short?
    I get many emails and whenever I do speaking engagements almost every question is: Why did I have a short brim? I think I was the only player that wore the short brim in the Majors and I never realized it got that much attention until I left the game. But back in the early ’70s, the Commissioner’s Office made it mandatory for anyone coming into the big leagues to wear a flap on your hat. If you were already in Major League Baseball you had a choice whether to do that or not. Of course, I wanted to wear the flap because it gave me more protection. I had been hit 3 or 4 times in the head and so the more protection, the better for me. When I got the helmet with the flap and put it on, it seemed like the bill was a little longer than my normal hat. The flap was a little longer and consequently when I went up to hit I could see the brim and part of the flap. It made me lose my concentration. I took care of it by taking a hacksaw blade and cut off about 1 ˝ inches off the brim and about ˝ off the flap. That’s how I got my short brim.
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