O/T: Topps sues Leaf over Mantle Card

[Cerberus]

Hot off the presses at TMZ:


BASEBALL CARD WAR Topps Sues Leaf Over Mickey Mantle Card

One of the GREATEST YANKEES OF ALL-TIME has been thrust into the middle of a showdown between two HUGE baseball card companies ... TMZ has learned.

The Topps Company has filed a lawsuit in NY against Leaf Trading Cards -- claiming Leaf is using ICONIC Topps baseball cards -- including the 1952 Topps Mickey Mantle rookie card -- to promote a new Leaf product.

It's sorta weird -- Leaf has a new line of cards called "2011 Best of Baseball" ... and in every pack, collectors will get 1 new, original Leaf card and 1 bonus card which, depending on your luck, could be a pre-1970 card featuring a Hall-of-Famer.

According to the lawsuit, Leaf put together a promotional ad (above) featuring some of the bonus cards -- which include the Mantle card, a 1980 Topps Rickey Henderson, a 1972 Topps Carlton Fisk card and more.

Topps claims it had warned Leaf about a similar incident in 2010 ... but now, Topps' patience has run out ... and it wants Leaf to pay up. Topps is suing for unspecified damages AND it wants a judge to force Leaf to STOP using Topps cards to promote Leaf products.

A rep for Leaf tells TMZ, "Leaf intends to vigorously defend itself against the allegations in this lawsuit. We anticipate a just result of this matter through the legal process."

[drc]

No reports from TMZ please

[novakjr]

I've seen the report other places as well...Anyways, I'd kinda like to see how this works out.. Topps has a point, but I think they're being b!tch~s about this...YES, I understand that they own the rights to all things having to do with some of these players. Mantle included. But Leaf isn't doing anything wrong by inserting a '52 Mantle either, and should have every right to display what would be considered prizes... I don't see Topps running around suing auction houses, because people are auctioning these cards, and using them to advertise their auctions.. What Leaf is doing, at it's core, really isn't any different than that.. Basically promoting the "Lottery" that is the modern card industry..

[Bosox Blair]

Hypocrites - Topps uses ATT cards they never issued to promote Topps...like T206 "Buybacks"...

Cheers,
Blair

[D. Bergin]

Seems like an odd response from Topps.

Leaf would actually be promoting Topps cards, just as much as their own cards.

Looks like free publicity from a rival company. A win/win for Topps.

[botn]

My prediction is lawyers from both sides win big. Way to go corporate America!!!!!!!!

[Brendan]

Originally Posted by Bosox Blair

Hypocrites - Topps uses ATT cards they never issued to promote Topps...like T206 "Buybacks"...

Cheers,
Blair

They try and make you think that they're all there is. I'm sure the "T" in T206 stands for Topps, right?

Originally Posted by D. Bergin

Seems like an odd response from Topps.

Leaf would actually be promoting Topps cards, just as much as their own cards.

Looks like free publicity from a rival company. A win/win for Topps.

Leaf is a competitor. As long as they can make it harder for Leaf, they'll do it even at the expense of themselves.

[Matthew H]

Originally Posted by Brendan

They try and make you think that they're all there is. I'm sure the "T" in T206 stands for Topps, right?



Leaf is a competitor. As long as they can make it harder for Leaf, they'll do it even at the expense of themselves.

Thats funny... I've seen t206 on ebay listed as 1909 Topps a couple times before.

[Brianruns10]

Originally Posted by Bosox Blair

Hypocrites - Topps uses ATT cards they never issued to promote Topps...like T206 "Buybacks"...

Cheers,
Blair

Yes, but the t206 cards predate copyright, and so they exist in the public domain. Topps or anyone else can use them as promotional giveaways or however they please. Leaf, however, is using a copyrighted image/artwork for their own gain, i.e. to sell more of their product with the allure of winning the card. This isn't even a case of fair use, since they have not altered the original, nor are they using for educational purposes. They are profiting from something owned by another company, which is illegal unless they pay a licensing fee or royalty to Topps. I've worked extensively in documentary film, and dealt constantly with licensing images and footage for films. I've learned all the loopholes, and in this case, it ain't even close. Leaf absolutely violated Topp's copyright, regardless if they are the big guy on the block harassing the little guy, it doesn't matter. They are absolutely in the right, and I hope they win.

[steve B]

Originally Posted by Brianruns10

Yes, but the t206 cards predate copyright, and so they exist in the public domain. Topps or anyone else can use them as promotional giveaways or however they please. Leaf, however, is using a copyrighted image/artwork for their own gain, i.e. to sell more of their product with the allure of winning the card. This isn't even a case of fair use, since they have not altered the original, nor are they using for educational purposes. They are profiting from something owned by another company, which is illegal unless they pay a licensing fee or royalty to Topps. I've worked extensively in documentary film, and dealt constantly with licensing images and footage for films. I've learned all the loopholes, and in this case, it ain't even close. Leaf absolutely violated Topp's copyright, regardless if they are the big guy on the block harassing the little guy, it doesn't matter. They are absolutely in the right, and I hope they win.

So it's a copyright violation to use a copyrighted work as a contest prize?

I could see it if they reprinted the card, but it's essentially an original being offered as a lottery or raffle prize. (NY state fought the cards as lottery battle and won, which is why the new packs have the insert ratios printed on them)

If that's the reality of things these days I suppose that's how it is, but then every group offering prizes in a drawing could be in trouble for promoting it.

Since the first copyright act in th US was 1790 T206s were potentially issued under copyright. I'm not sure if a notice was required then, but if it was then the lack of notice may have put them in the public domain since new. The origianal photos were probably copyrighted by the photographers and licensed by ATC.

Hmmmm.... There's an interesting avenue to do a bit of research on. Maybe the plank was pulled over a licensing issue?

Steve B

[vintagetoppsguy]

Originally Posted by Brianruns10

I've worked extensively in documentary film, and dealt constantly with licensing images and footage for films. I've learned all the loopholes, and in this case, it ain't even close. Leaf absolutely violated Topp's copyright...

I know absolutely nothing about copyright laws, but I think you are wrong and I think Topps loses their case.

It's a prize, there's not copyright infringement. They're not reproducing the card.

Didn't one of the companies insert money (I think it was $100 bills) into packs a few years ago? If I'm correct, then by your logic the card copy is guilty of counterfeiting.