Custom fantasy baseball cards

[Mark17]

I've seen a bunch of custom made fantasy baseball cards on ebay that look pretty nice, like a 1963 Pete Rose full card, a 1962 Oliva, and several others. Does anyone know the legal ramifications of making and selling these things?

On the one hand, combining Topps' design with a different photo, and sometimes a different background layered behind the player photo, does create something new. On the other hand, the MLB team names and logos are being used without permission.

Are these things legal to make and sell, would MLB or the Players Association or Topps be likely to care, and what would be the penalty if they did crack down on the people making and selling them?

Could someone with photoshop and a printer basically produce their own card set?

[clydepepper]

Mark- I can't provide a definitive answer to the legality of the fantasy cards you are discussing.

What I will put forward is that MLB and all pro sports organizations have gotten more and more protective of their brands and that actions of those who create any products displaying any copywritten materials is certainly coming.

As for myself, I have purchased and enjoyed many of those type fantasy cards - a practice that places me in the tiny minority on this site. Just a personal preference.