VOLUME 2, NUMBER 150
HOT*BUTTON*STORY
(BUYING A FAKE ROLEX ON EBAY JUST GOT TOUGHER!!)
** CARD MAKERS SACK MICHAEL VICK
** COMIC CON SELLS OUT EARLY
** GERMAN COURT SLAPS EBAY
** EBAY LAWSUIT EVEN UP ON BUY IT NOW PROPERTY
** BONDS & DIMAGGIO RE-LISTED
** FORBES LISTS HOBBY TOP 10 ** RC2 TAKES HIT ON THOMAS ** 4KIDS GETS DI-GATA **
DETAILS ON THESE AND MORE STORIES IN TBR: THE BRILL REPORT
EDITORIAL COMMENT: CARDMAKERS DO THE RIGHT THING ON VICK
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(CARDMAKERS MOVE ON VICK, CITE CUSTOMER DISGUST)
Fans, disgusted by the allegations against Atlanta Falcons' quarterback Michael Vick, led card companies to believe the manufacturers should act now. Both Donruss and Upper Deck moved swiftly to keep Vick out of any future products pending the outcome of Vick's criminal proceedings. Playoff/Donruss moved first led by company owner and well known dog lover, Ann Powell. Upper Deck followed suit. Topps has yet to be heard from but is likely to make a decision this week. With everyone at The National this week we would expect an announcement soon.
(This 2007 Donruss Classics may be one of the last Donruss trading card of the Falcon's QB ever printed.)
Donruss moved first led by Ms. Powell who has several dogs which come to work with her and have a lot of freedom at Playoff according to a report in Beckett Media. Upper Deck later joined in the ban after first removing all Vick memorabilia from it's web site.
"Of course we appreciate the fact Mr. Vick is innocent until proven guilty but the allegations alone have resulted in an outpouring of very strong emotion within our organization and among the collecting community," said Kerry Stockholm director of marketing, in a statement. "We believe collectors will agree and support this decision as being the best course of action for our football business."
Nike was the first endorsing company to act by not releasing the new Vick athletic shoes and then suspending the athlete.
"Nike is concerned by the serious and highly disturbing allegations made against Michael Vick and we consider any cruelty to animals inhumane and abhorrent," said Nike spokesman Dean Stoyer in a statement. "We do believe Michael Vick should be afforded the same due process as any citizen in the United States therefore we have not terminated our relationship."
Reebok stopped sales of Vick jerseys and NFL.com pulled all of the Falcons' player goods from it's site as well. The animal rights group PETA is making lots of noise and it is believed these companies would rather make the move than face the ire of PETA as well as fans.
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(COMIC CON SELLS OUT FOR FIRST TIME IN 38 YEARS)
For the first time in it's 38 year existence Comic-Con in San Diego set a record; a three day sell out. Completely. Organizers were dumbfounded calling it surprising but bound to happen.
(This ad was posted on the Comic-Con web site.)
Admission tickets sold out for the weekend at the San Diego Convention Center. Last year the four day run brought in 123,000 people. Actors are the big thing at Comic-Con in recent years. Among the celebrities this year were Nicolas Cage, Matt Groening creator of the Simpsons and Alyssa Milano promoting her latest film.
Aside from the vendor booths and autographs signings more and more films are being screened at the Convention. Three thousand media were credentialed for the Con and we are awaiting the final crowd numbers for the event sure to surpass the 123,000 person record.
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(GERMAN COURT HITS EBAY ON COUNTERFEITS)
The German Federal Supreme Court ruled recently in a case of counterfeits leveling a blow against eBay in what is eBay's second largest market outside the U.S. The German high court ruled eBay must do more to control the number of counterfeit Rolex watches on it's site.
(This Rolex watch on eBay comes without paperwork and has an opening bid of less than $1. Most genuine Rolex watches are selling for tens of thousands of dollars on the site.)
Montres Rolex SA brought the suit nearly six years ago and just recently, according to Reuters, was the ruling released. Basically the court said eBay isn't doing enough and eBay must take reasonable action once it is informed of the infraction. It was also learned eBay may be held liable in certain cases upon the first infringement.
Dealers and others in the US have complained for years eBay does not police counterfeits nearly enough and are constantly warned by watchdogs such as Chris Williams of www.blogforsports.com. The US courts have always upheld eBay is just an avenue to sales and since it doesn't own anything it can't be held liable. The European courts seem to be making their own case for holding eBay accountable.
Recent suits by Louis Vuitton and Dior over counterfeit goods are pending in France. These suits seek tens of millions of dollars. According to filed papers eBay expects more legal action in Germany as well.
A lot of this case involves the low opening bid price. Many of these items, much like their American counterparts, start the bidding at the equivalent of a dollar. These start higher but if they are counterfeits they are likely to start low. The court discussed the idea whether 800 euro's was too low to start a Rolex watch and if that was sufficient evidence to call the auction into question.
The same issue is faced in the US. If you have a Derek Jeter signed ball which should go for $350, does starting the auction at $9.99 indicate the item is a fake? Chances are it does. eBay watchdog Chris Williams continues to hammer eBay daily with bad hobby items but continues to be frustrated at eBay's lack of response. Such as this email sent to eBay regarding an alleged bad seller.
"I am puzzled as to why this bad seller is still allowed to sell their items on eBay. They used to have eBay ID's 'TopDeck904,' 'usasportsautos,' critr880' when I was in contact with -- eBay. This guy is part of the same ring. Check your files. This guy has sold 100% forgeries."
Williams continues to suffer through threatening emails but continues to try to get the auction site to sit up and take notice and then do something with the massive amount of fraud which appears on its site.
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(COURT RULES EBAY CAN STILL USE BUY IT NOW SOFTWARE)
It was a victory for both sides but neither side walks away with a huge win as a federal judge in Virginia denied a motion by MercExchange for a permanent injunction against eBay for using it's Buy It Now technology. A year ago the US Supreme Court ruled while eBay did infringe on the ME patent, ME was making enough money on the technology it was not being damaged tremendously and a lower court ruling would stand.
The lower court awarded ME $35 million which was reduced on appeal to $25 million. The bottom line is eBay gets to use the technology and ME gets a payday and future paydays from those who also want to use the technology.
For both sides it was a win/lose situation as some would classify it a two edged sword.
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(BONDS NO. 715 RELISTED)
Not meeting the opening bid seems to be a trend in recent high dollar memorabilia auctions. First, the DiMaggio Diaries failed to get a bid with an opening number of $1.5 million. Steiner Sports decided to sell the items individually offering them with a photo of the Yankee Clipper on a plaque.
(Steiner Sports is now offering individual pages from the DiMaggio Diaries on a plaque after failing to sell the entire collection.)
Now the Barry Bonds no. 715 homer offered by Symbolic Collection has been relisted at $25,000 and has at least one bid. Although it has not met the reserve at this point the bid is a starting place. The first time the ball was listed this year (a week ago) it had a minimum bid of $375,000. No one bid.
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(FORBES TOP 10)
Forbes Magazine came out with its list of the top 10 most expensive items of sports memorabilia in history and Mark McGwire's home run no. 70 tops the list. The ball, which Todd McFarlane paid $3 million for is worth less than $1 million today on the open market.
(Todd McFarlane paid $3 million for this one but its value has dropped substantially as McGwire was expected to go into the Hall of Fame with Ripken and Gwynn this past week. McGwire may never get into the Hall however, reducing the ball substantially.)
Other items on the list dominated by Babe Ruth include a Lou Gehrig jersey $451,000, bat used by DiMaggio during his 56-game streak for $345,000 and a 1934 Ruth jersey worn on tour for $771,000.
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(RC2 FACING $4 MILLION QUARTERLY CHARGE FOR RECALL)
Facing a recall is something very unusual for a company in a hobby related business but RC2 Corporation is finding its recall of Thomas The Train toys expensive. The company did anticipate a charge off of $1 million to $2 million. As it turns out it will be more like $4 million.
The recall was due to certain amounts of lead in the paint in the toddler toys. The $4 million charge which will include "profession service fees, freight costs, returns and replacement processing, marketing and promotional costs" will be taken in the second quarter.
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(4KIDS GOES DI-GATA, GAME NEXT)
Look for a new collectible trading card game in 2008 as 4Kids Entertainment has locked up Di-Gata Defenders for a Saturday morning cartoon show. Di-Gata, developed by Nelvana Enterprises is expected to be hit as it follows the adventures of four powerful young friends doing battle against evil.
(Di-Gata Defenders newest in line for CCG fame.)
"Di-Gata Defenders is an exciting, high action property that is a great addition to 4Kids Fall line-up," said Al Kahn, CEO of the company. "An engaging story line coupled with a strong interactive web presence will undoubtedly make it a Saturday morning favorite."
The series is spawning a lot of merchandise including toys and action figures with cards in the mix. There is a Nintendo game set for release in 2008 as well.
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