Topps and its rival were back in court Thursday, with 2009 Upper Deck designs at the forefront of a continuing battle.


Upper Deck will be able to sell its existing inventory of 2009 Series One and Two Baseball, 2009 OPC and 2008-09 OPC hockey, but the west coast card maker will have to stop within four weeks and won't be able to promote the cards at the heart of the dispute.

Court papers filed in U.S. District Court in Manhattan Thursday and obtained by Sports Collectors Daily reveal an agreement between the two rivals, but also the promise of a future trial. Topps had sought a restraining order back in April, claiming copyright infringement over the release of the new Upper Deck products.

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Sports Collectors Daily
June 19, 2009

Thanks for posting a response to a question that has been on many of our minds. This could result in some limited quantities and increased future value of the product that is already out on the market. Might be time to pick up as much as you possibly can afford to hoard.

It could also lead to just the opposite if UD happens to try and unload everything before July 16th forcing them to make deep discounts in the prices. Might give us all a chance to buy some products at a fraction of the price. We will have to see how this finishes up. Sounds like it is quite far from over.

A minor updae from tuffstuff.com

Upper Deck must stop production of certain sets
In the latest court decision in the Topps vs. Upper Deck battle over the alleged use of copied card designs, a judge will allow Upper Deck to sell its existing inventory of 2009 Series One and Two Baseball, 2009 O-Pee-Chee Baseball and 2008-09 O-Pee-Chee Hockey sets – but not for long. Upper Deck will then have to stop production and distribution within four weeks and won’t be able to promote the cards that are named in the suit, according to court documents filed June 18.

In the original lawsuit, Topps filed a copy infringement charges against Upper Deck, alleging Upper Deck copied designs used by Topps from sets produced in 1971, 1975 and 1977 (Baseball) and 1979 (Hockey). Topps alleged the cards would “confuse or deceive customers because each of the Upper Deck designs are nearly identical” to the Topps cards. In an earlier statement regarding the lawsuit, Upper Deck said it “strongly denies the allegations and did, in fact, do its due diligence when researching, clearing and securing approvals to use the card designs.” Bernd Becker, Upper Deck vice president of trading cards, called the Topps move a “frivolous suit.”

Well, as a result of the court filing last week, Upper Deck will stop “manufacturing, reproducing, distributing, adapting, displaying, advertising, promoting, offering for sale or selling trading cards” that are substantially similar to the Topps designs in question. Upper Deck will be able to offer its existing inventory through July 16.

In earlier court document, Topps said it wants Upper Deck to destroy the cards and turn over any profits, along with other unspecified monetary damages. In April, a judge turned down a request from Topps to issue a temporary restraining order that would have prevented Upper Deck from even releasing 2009 Series Two and O-Pee-Chee Baseball products.

Also, anybody with redemptions from these products better redeem them NOW! Because all baseball redemptions won't be able to be redeemed in two weeks. I am going to see if the price drops dramatically while Upper Deck tries to unload. I might have to research buying them.