The latest lawsuit

15 04 2009

I guess I’m the only one who thought Topps was going to be smart enough to stay away from the court house in response to Upper Deck’s 1971 OPC parallel set.  Today, Topps let me down:

“Topps recently discovered that Upper Deck intends to sell, and has already begun selling, baseball cards using designs that are identical or almost identical to the designs of the Topps cards,” according to the complaint.

This bit made me a bit incredulous. Topps “recently discovered” this? Really? Way to keep tabs on the competition there, guys.

But after the initial shock on reading that, I can somehow believe it. I can believe that Topps lives in a bubble where they don’t check in on the rest of the collecting world for months on end. I can believe that Topps doesn’t care about what Upper Deck does until they realize there’s a possible lawsuit to be filed.

And Upper Deck’s response so far?

“We strongly disagree with the allegations and look forward to issuing a formal response,” the company said in a statement.

I look forward to reading the formal response the Upper Deck is looking forward to issuing.

I think the case gets tossed, and pretty quickly, though I’m willing to listen to your comments to convince me otherwise. I think Topps knows this, too, but went ahead for two reasons. One is that even though it will fail, there’s the slight possibility it won’t. If they don’t try, they can’t win.

Second (and more sinister on Topps part) we’ve been reading about financial problems at Upper Deck for months now. What’s a better way to keep your competitor on the rocks then filing a lawsuit against them and force them to spend their limited resources on something other than cards?

Like I said, I’d love to hear arguments convincing me Topps will win because I just don’t see it at all.




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