While you might not need a program to name all the card manufacturers, you probably will need a little help figuring out who can produce what. Or possibly need help keeping track of lawsuits that are almost sure to crop up.
Suddenly Topps has an exclusive deal with Major League Baseball and Upper Deck is counter-attacking with a deal to be the exclusive licensee for college products as well as extending its license with the Major League Baseball Players Association.
Topps is the only company that can produce Major League baseball cards and UD has the collegiate/draft pick market all to itself. Right?
Not so fast. When it comes to these types of deals "exclusive'' isn't like when you are dating and it's supposed to be "exclusive.'' While Topps and UD may like for folks to think that, it may not be the case.
These deals aren't like the exclusives Upper Deck has with the NHL and Panini America has with the NBA. Those are the real deal because both the leagues and the players are together on the deal.
Thanks to its deal with the baseball players' union, Upper Deck should be able to produce baseball cards. It just won't be able to use images that feature a team name or logo. Their photographers and editors will be looking for just the right angle.
What about distinctive coloring, pinstripes and piping? Certainly Yankee pinstripes are the same as a logo or trademark. Maybe not. The White Sox, Phillies and a host of other clubs use pinstripes as well.
Manufacturers without licenses have been cranking out cards for decades. Donruss has no baseball license yet, according Beckett staffers, it had the baseball card product of the year in 2008.
Let's head to the college scene where Upper Deck has an exclusive with Collegiate Licensing Company, the folks who represent lots of colleges and the NCAA.
"Effective April 1, 2010, an exclusive agreement goes into effect and UD is the only company that can use collegiate trademarks,'' said Dave Kirkpatrick, CLC vice president for non-apparel marketing. "It actually covers all collegiate institutions. With a few very small exceptions this covers the entire collegiate market. Schools have rights to multiple trademarks, including their names, logos, slogans, colors, and mascots. The agreement covers these proprietary rights.''
What's at stake here when it comes to hard-core collectors is whether UD is the only company that can produce cards of college players drafted by pro teams before they start appearing in their pro uniforms.
"Press Pass will continue its line of rookie 'draft pick' and Legends football products in 2010 and beyond,'' said Tom Farrell, Press Pass' VP of brand management.
"The CLC deal is an exclusive that begins in April of 2010. So, yes, that means exclusive. As far as I know, that means no other company will be able to produce CLC-licensed collegiate sports trading cards starting next April,'' said Terry Melia, Upper Deck's PR manager.
Check out the subtle difference. Melia says UD will be the only company producing "CLC-license cards.'' That definitely leaves the door open for others to produced cards not licensed by CLC as long as they don't violate any of the colleges."
Violating rights is not a good thing, but let's say everyone agrees that Oregon State controls its Beavers logo and anything that says Oregon State on it. What about a player in orange and black without those identifying marks? Kirkpatrick seems to indicate CLC thinks that would be covered as well. OSU is the Beavers but owning orange and black? Are trick or treaters infringing on any trademarks?
This is not to make light of a serious situation with real financial implications. But it does point out that when it comes to these types of deals nothing is black and white -- except maybe pandas and zebras. Uh-oh. Do the Chinese have "exclusive'' rights to anything black and white? Look out zebras, you might have to change your stripes.
(Send card questions to Babe Waxpak, PO Box 492397, Redding, CA 96049-2397 or e-mail babewaxpak(at)charter.net. If possible, include card number, year and brand or a photocopy. Please do not send cards. For Babe Waxpak's blog, see www.scrippsnews.com/waxpak. Babe Waxpak is a feature of The Record Searchlight in Redding, Calif.)
(Distributed by Scripps Howard News Service, http://www.scrippsnews.com)
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