The Brill Report

DISSIDENTS NOT SURPRISED AT TOPPS DELAY

VOLUME 2, NUMBER 157

HOT*BUTTON*STORY

(COLLECTORS BIDDING ON LOCK OF GEORGE WASHINGTON'S HAIR -- DNA!!!???)

** TOPPS DISSIDENTS NOT SURPRISED AT MORE DELAYS

** THE FATHER OF OUR COUNTRY'S $8000 HAIRCUT

** $7300 FOR VICK CARDS DOG ATE

** CHINA OPENING INTERNET SALES DOORS

** NOT MUCH INTEREST IN BONDS TWO BALLS

** SPORTKINGS PUSHING THE AUTOGRAPH ENVELOPE

** TOPPS TURNS BACK THE CLOCK TO 1958

** WYATT HAS WIZARDS ON THE MOVE

THESE STORIES AND MORE IN TODAY'S EDITION OF TBR: THE BRILL REPORT

EDITORIAL COMMENT: THE CHINA SURPLUS OPENS UP THE INTERNET

                                               =================

(GROUP TRYING TO BLOCK TOPPS SALE SAYS IT'S NOT SURPRISED AT LATEST MOVE)

With the Topps board of directors postponing the vote on whether to sell the company to a Michael Eisner led group to September 19 instead of August 30, the committee trying to block the sale is not surprised. A spokesman for the group blasted Topps saying it shows a pattern of bias.

"While we are frustrated by management's latest effort to prevent stockholders to from expressing their opinions on the $9.75 merger by voting at the special meeting, we cannot say we are surprised," said Eric Rosenfeld, President and CEO of Crescendo Partners speaking on behalf of the Committee to Enhance Topps. "Management has, time and again, acted in it's own best interest and this latest delay is not different."

Upper Deck last week ended it's current bid for Topps by withdrawing it's $10.75 per share take-over bid. Topps meanwhile postponed the vote on the sale to Eisner based on the fact it didn't think the vote would go in favor of the deal.

Rosenfeld went on to point out in his statement, even Topps management said if the vote were held today there would not be enough support for the sale to Tornante-MDP, the group headed by Eisner. He questioned why can't the stockholders make their own decisions after Topps officials said part of the reason for the postponement was the recent flux in the stock market.

"To hid behind vague doomsday proclamations concerning recent activity in the credit markets and the suggestion that it is in the best interest of the stockholders to take additional time to consider the $9.75 offer without further 'distraction' of the Upper Deck seems, to us, disingenuous and insulting to the stockholders," Rosenfeld added. "To further delay the vote solely because of unhappiness with the potential outcome, is a Banana Republic-like maneuver by management to manipulate the vote and flies in the face of the proper corporate governance and democratic process to which stockholders are entitled."

Rosenfeld added however through the whole process this is what stockholders have come to expect from Topps.

                                           =================

(GEORGE WASHINGTON'S HAIR ON EBAY DRAWING THOUSANDS)

Topps relic card featuring George Washington's hair from "Allen & Ginter" packs is well over $8000 on eBay. The lock of hair is an actual lock of his real hair sold by a relative and is not a piece of a wig.

"Who else should own this but the Doc?" Said Doctor Wax Battle of The Back Stop in Toms River, New Jersey on his live Internet Show. "The Doc may have been outbid now but you watch at the end to see who gets it."

(Is this the head where the Topps lock of hair is taken from?)

The Doctor has been outbid for now but says don't count him out. The Doc won the Game Used Shirt last year paying over $5000 for a T-Shirt. The shirt featured sewn on "game used" jersey pieces from cards which the seller had destroyed. He's used the shirt in a video serial in which the shirt was stolen by some unscrupulous character.

(Can the doctor do with the lock of Washington's hair as he did with this infamous t-shirt?)

The joke has always been with game used jerseys losing popularity what will be the next crazy thing collectors will chase; DNA? Well, could this real actual piece of hair likely contain DNA from the first president of the United States? This is up to a medical expert to decide.

This brings up some interesting legal questions certainly and there is bound to be someone out there challenging this type of thing. For now, expect bidding to go well past $10,000 with bidding ending on September 5. The card is listed as a 1/1.

                                          ====================

($7300 FOR CHEWED VICK CARDS)

A bidder using the eBay screen name "Activist4Animals" bid $7300 for a lot of about 20 Michael Vick trading cards which were chewed up by the seller's dog. The winner outbid 80 other purported over achievers hoping to get the prize-less cards. Sold by seller "ballnfish" (Rochelle Steffen of Missouri) the money it is believed to be going to an animal rights group although the seller, who calls them self an artist, originally hoped to raise $100 for the local shelter.

(Monte with a taste of UV coating in his mouth.)

Since the seller made a big splash with this auction which made several national news agencies, others have put their chewed up cards and other Vick items on the auction site.

One seller put up a signed Vick football which was at $21 at this writing and none of the others were anywhere near the $7300 mark set by Monte's cards. Monte is the name of the dog who supposedly chewed the cards in this auction.

In a twist another seller put up cards which he said his dog "pooped on." While still another put up Vick articles which were "not chewed on by my dog" calling himself "still a believer in Michael Vick."

Vick of course pleaded guilty to charges related to setting up a dog fighting ring, betting on dog fighting and helping others who participated in the killing of dogs who did not perform up to the owners expectations. He has been suspended by the NFL and is awaiting sentencing in December.

                                       ===================

(A NEW MOVE BY CHINA TO ALLOW CONSUMERS TO BUY OUTSIDE AND ONLINE)

Residents of China are allowed by law to spend up to $50,000 per year outside of their homeland. Until now they were not allowed to buy on-line outside China. Now, with the approval of the Chinese government Alipay is going to allow Chinese consumers to buy off a limited number of foreign web sites.

(China, a lot of potential consumers for even trading cards.)

This is a major breakthrough for a country still bound by its government when it comes to spending. At first the Chinese can purchase only from three consumer sites; Sa Sa International in Hong Kong, fragrance seller StrawberryNet and JShoppers which is a clothing line company linked to Nissen in Japan. The hope is to open the system up to 100 companies worldwide by the end of the year.

The hope is for more than just shoppers in China spending outside the mainland.

"We also hope very soon overseas and retail customers can make on-line purchases in China," said Jack Ma, chairman of Alibaba at a Hong Kong news conference.

Alibaba is the Chinese version of eBay. China has a trade surplus of $275 billion and encouraging on-line sales outside the country is also seen as a way, in the long term, to encourage sales from China. Just two years ago 34 million Chinese traveled abroad under a government program slightly lifting travel restrictions and they spent nearly $25 billion overseas.

Many eBay sellers, especially in the hobby, have chosen to shut out Asia as a sales ground. As the system grows savvy hobby dealers will have to re-think this strategy.

                                          =============

(MAINSTREAM NEWS MEDIA CONTINUES TO COVER THE HOBBY)

The hobby continues to get favorable press coverage as it has in the past 18 months and this is a good thing. While the above mentioned Vick trading cards highlights the hobby in a strange way, and the coverage of the sale of Barry Bonds home run balls draws attention to everyone including non-fans, it is the recent spate of stories on stores which are very positive.

(Even the bad boys of sports bring attention to the hobby.)

A story in the Marietta, Ohio Times highlights a store run by John Ashby in a local mall. Collectibles Etc., is mentioned quite prominently in the article as does collecting in general.

Another article in the Roanoke Times points to lots of Vick items now being put in storage lockers rather than being on display. Some folks are hoping time will help people forget and make his old stuff more valuable because it isn't going to sell now. While this may not be the most positive story it isn't at all negative. More focus on the hobby itself is a good thing and the fact mainstream media is watching and reporting means more people who will sit up and take notice of what fun and investment the hobby holds in its dual role.

                                  =====================

(BONDS HOMER BALLS YET TO DRAW A BID)

SCP Auctions is offering up the two latest most important Barry Bonds Home Run baseballs but so far they have failed to draw a bid. Home Run no. 755 which tied Hank Aaron's record has a minimum bid of $60,000 while the opening bid for the record breaking no. 756 is $100,000. The bidding opened August 28 and closes September 15. As of this writing there are bids on neither.

(Certified no. 756 up for bid with SCP Auctions.)

SCP head David Kohler is reported to have said he felt the record breaker could eclipse the half million dollar mark. Few disagree it is the better of the two, but most will also agree the most expensive Bonds home will be his last because it is widely felt Alex Rodriguez will surpass that one whatever it is.

To date the vast majority of these type of baseballs have been bought and paid for at well over what they are worth today. Todd McFarlane paid $3 million for Home Run no. 70 hit by Mark McGwire. The ball is widely held to be worth about one third of that figure today.

                                       ====================

(SPORTKINGS GOING ALL OVER THE WORLD FOR AUTOGRAPHS)

In has attempt to make sure there are no redemption cards in his new high end Sportkings products, Dr. Brian Price is scouring the world to get the cards signed. Europe, Florida, a local restaurant or the guy's office he is on the move.

(Hulk Hogan signing his Sportking's card.)

"The athletes have been great to work with, they are as professional today as they were when they played their sport," said Price. "This has been a great experience, a chance for me to meet or talk to some of my personal sports idols."

(Bob Beamon doing same.)

Sportkings will feature athlete heroes from all sports including racing, swimming, diving, soccer and golf as well as the mainstream sports. Series B is planned and by going to the company web site collectors can help choose who will be in the second series by voting for their favorites.

            

                                                    ========================

(TOPPS TURN BACK THE CLOCK GOES TO 1958)

They look like 1958 Topps cards but they are 2007 as Topps once again Turns Back The Clock with it's annual hobby store football promotion. Hobby stores around the country are being given three boxes of 36 packs which feature the first five cards in the series. Each week a new card will be offered when collectors come in an purchase a few packs of Topps Football Cards.

The first pack is just a nickel, just like it was in 1958. Dealers get them for free and while the oddball dealer will make sure they find their way to eBay, Topps is threatening to cut them off if they do. The cards are for Home Team Advantage stores in the Topps system and for those who sign up through a distributor.

(Topps TBTC cards will be a hit looking like 1958.)  Wizards of the Coast games creator James Wyatt is marking this week with the release of his new book, "Storm Dragon," which when all is said and done will be the first in a new trilogy of games. Wyatt is the recognized leader in the field as the novelist and game maker. This will be the first in the Draconic Prophesies Series for Eberron.

Hobby dealers love the promotion and while it is a costly venture for Topps it does help bring customers into hobby stores. The program runs each week through the NFL season.

Going along with this is the NFL Player of the Day Promotion. For nearly 10 years the NFL and NFLPA have sponsored the program where hobby stores run a 30-day promotion. Shops are provided with enough freebies to run the event where a different player of the day is selected each day of the month. If a collector finds that player in a pack they open at the store they win a prize. They are also entered into a drawing for a player visit as the great grand prize.

The card backs look like 2007 Topps Football Cards.

                         ====================

(WIZARDS WYATT DEBUTS STORM DRAGON, PRELUDE TO HOT GAME)

"Storm Dragon is an adventure sure to grip genre and mainstream readers alike," said Elena Johnston, brand manager of book publishing for WOTC. "It's complete with well developed characters, gripping plot turns and a hefty dose of action of course."

The story traces a war hero who is captured, trapped in a dungeon for 26 years and who is rescued by strangers. The strangers, none to noble, help him revitalize and begin the search for the very icon which led to his downfall. The icon can destroy mankind and the world. AND THE Adventure begins games.

Wyatt is also the lead designer on the upcoming fourth edition release of D&D.

                                          ================

COUNTDOWN TO TOPPS, VICK TO THE DOGS

VOLUME 2, NUMBER 156

HOT*BUTTON*STORY

(DOG GONE CHEWED vick CARDS WORTH THOUSANDS TO DOG LOVERS!!!)

** TOPPS VOTE DELAYED AGAIN, EISNER DEAL SHAKY

** DOG LOVERS UNITE AS EBAY FLOODED WITH ANTI VICK SALES

** NAXCOM CLOSER TO AUCTION SITE DEBUT

** NEW RADIO SHOW FOR NASCAR COLLECTIBLES

THESE STORIES AND MORE IN TODAYS EDITION OF TBR: THE BRILL REPORT...

EDITORIAL COMMENT: TOPPS DRAGGING IT'S FEET AGAIN, WHAT ELSE IS NEW...

                                                           =====================

(TOPPS POSTPONES VOTE AGAIN, SAYING EISNER DEAL LIKELY TO FALL THROUGH)

In a dramatic turn of events in an ever changing soap opera the likes the hobby has never before seen, the Topps Executive Committee is postponing the vote to sell the company to a Michael Eisner led group. In a filing Monday morning the board said rather than this Thursday, the vote would take place September 19 and blamed much of the decision on the confusion over Upper Deck's withdrawal from a proposed take-over bid.

"Unfortunately, as a result of the $10.75 bid by Upper Deck many Topps stockholders expected to receive something higher than $9.75 for their shares, and our stock price reflected this expectation for several months...now that Upper Deck's illusory offer has been withdrawn, stockholders need to consider whether $9.75 is the best alternative available," said Allan Feder, Lead Director of Topps Board. "The Executive Committee believes it is in the best interest of our stockholders to reschedule the meeting to further communicate our views without the distraction of proposals from Upper Deck."

(More delays for the Topps sale to Michael Eisner and the Joe Acquisition Company he formed.)

The move can readily be seen as a delaying tactic in order to gain more support for the Eisner deal and to put more distance between the recent angry words between Topps, Upper Deck and Crescendo Partners who are trying to kill the deal. Several Proxy Advisory firms have come out against the sale to Tornante/Madison Dearborn (a partnership overseen by Eisner) and voters might very likely vote against any sale at the moment.

Topps readily admits if a vote were taken Thursday it would be bad news for the Board. If the deal with Eisner falls through chances are a new slate of dissident board members would take over and the only deal to be made might be with Upper Deck.

"Although most of the shares have not been voted, with only four days remaining, based on the advise of Topps' proxy solicitor and discussions with certain investors, the Executive Committee believes that if the meeting were to be held as scheduled on August 30 the Tornante-MDP merger would likely not receive the the support of the holders of the majority of the outstanding Topps shares needed to approve the transaction," the filing stated. "If the stockholders vote against the proposed transaction, the Executive Committee believes that Tornante-MDP would terminate the merger agreement."

The filing went on to say the end of the deal would hurt Topps financially, so, rather than hold the vote this week, giving shareholders time to calm down and digest what's been going on is the better course of action. As The Brill Report has stated if the Tornante-MDP deal does fail chances are the Topps board will be ousted and a new board would come in. They would replace the old management and look to enhance the company before selling it. IF that occurs chances are the company might eventually end up in the hands of Upper Deck anyway.

In addition, the company said if the deal falls through the board will schedule it's annual meeting. Last week Topps and Upper Deck exchanged nasty letters, each accusing the other of not wanting to get a deal done between the two of them. Both charged lack of trust, of which there is likely some truth on both sides of the coin.

                                                          =====================

(DOG LOVER SETS SITES ON THOUSANDS FOR ANIMAL RIGHTS IN VICK AFTERMATH)

How much are Michael Vick cards worth these days? Nothing is the right answer, except if your dog chewed them up. One dog lover gathered all of their Vick cards, gave them over to the family dog and let fly. The lot of chewed cards is on eBay now with an amazing number of bids and dollars cast. The owner said are believed to be donating the proceeds to Animal Rights groups.

(Lot of michael vick cards CHEWED ON BY MY DOG auction on eBay)

Seller "ballnfish" put this photo up with their auction and as of Monday morning the bids were up to $6400 with two days left to go. While the "artist" who put the auction on eBay didn't say exactly where the money was going they indicated "good things" will be done with the money.

The dog in the photo is supposedly the artist's dog, Monte. In response several others have gone the same route by listing dog chewed cards on the site. One stated the money will go to Atlanta Pet Rescue, another to the SPCA, while a third offered a Michael Vick signed football chewed on by the family dog with the money going to PETA.

Vick meanwhile pleaded guilty Monday morning to charges he funded and helped organize a dog fighting ring and was involved in gambling surrounding the events. He will be sentenced in December and could likely get nearly two years in prison for his crimes. Meanwhile the NFL suspended him indefinitely.

                                                         ======================

(NAXCOM SET TO DEBUT NEW EBAY LIKE SITE)

NAXCOM has set mid-September as its debut date for a new eBay style auction site with sportscards being the predominant items sold in the new format. The company is making a major push and is making the system available through its multi-market lister which includes Google, eBay and Amazon. Earlier this year NAXCOM announced some new ventures with eBay so both could benefit from the sportscard listings.

  (NAXCOM is promising eBay style auctions in September)

The company is promising increased fraud protection, the elimination of fraudulent and dead beat buyers as well as Private Auctions for big time sellers.

It is even offering its own version of a bulk lister called Express Lister for less than $25 per month after a one month free trial.

                                                         ======================

(NASCAR AND SIRIUS LAUNCH NASCAR COLLECTIBLES RADIO SHOW)

It is an idea whose time has come. Satellite radio and NASCAR collectibles. Motorsports Authentics and Sirius Satellite Radio are debuting a new show on the system designed around motorsports collectibles and featuring a couple of big names on the circuit. The show will be called what else but "The NASCAR Collector."

"At Motorsports Authentics our mission is to connect NASCAR fans to their sport through an expansive array of exciting products," said Mark Dyer, President and CEO. "The world of die-cast and other collectibles has long needed a forum such as NASCAR Collector to provide fans with an avenue to talk about vintage die-cast models and discuss NASCAR products and memorabilia of all types."

(Racing fans now have a place to talk collectibles.)

Hosts for the how will be HOF historian Buzz McKimm, Beckett Racing guru Tim Trout and broadcaster Tim Packman. The show will air Saturday mornings on Sirius Channel 128.

"NASCAR fans are among the most passionate fans in sports and that enthusiasm is clearly displayed in their fondness for memorabilia and collectibles," said Steve Cohen, VP of Sirius Sports programming. "We are very pleased to partner with the memorabilia experts at Motorsports Authentics to provide a show where NASCAR fans can talk about their favorite items and get the kind of expert insight that they can't find anywhere else."

Motorsports Authentics was formerly Action Performance Companies and is the leader in die-cast cars and memorabilia, along with it's Racing Collectibles Club of America and GoRacing.com.

                                                =================

THIRD PROXY FIRM SAYS "NO" TO EISNER DEAL, TOPPS BLASTS UD

VOLUME 2, NUMBER 155

HOT*BUTTON*STORY

(NBA MAKE OVER STORE PRAISES NBA FOR JOB TOO BIG!!!)

**  UPDATE: 8/23

      THIRD PROXY FIRM SAYS "NO" TO EISNER DEAL

      TOPPS BLASTS UPPER DECK ON MOVES

    **UPDATE -- UPDATE -- UPDATE TUESDAY 8/21

    **UPPER DECK WITHDRAWS OFFER TO BUY TOPPS

    ** UD MAY SUE TOPPS INSTEAD

    ** EISNER DEAL NOT DONE YET, NEW GROUP SAYS "NO"

** INDEPENDENT PROXY ADVISER SAYS NO TO EISNER DEAL

** TOPPS SAYS I-S-S MISSED THE MARK, EISNER A GO

** MANUFACTURERS TRADING GAME

** NBA MAKE OVER GREAT, BUT NOT WITHOUT PROBLEMS

DETAILS ON THESE AND OTHER STORIES IN TODAY'S EDITION OF TBR: THE BRILL REPORT...

EDITORIAL COMMENT: TBR TAKES POSITION ON TOPPS MERGER PLANS

                                                     ====================

(A THIRD PROXY FIRM SAYS EISNER DEAL IS NOT GOOD, TOPPS BLASTS UD)

Proxy Governance Incorporated (PGI) says Topps shareholders should vote "No" on the deal to sell the company to a group led by Michael Eisner. PGI is the third company which evaluates proxy's to fall in line behind the dissident stockholders who want to kill the deal.

"We do not support this transaction as proposed as it does not appear to place a fair value on the company based on analyst opinion and general market reaction to the deal," said a statement from PGI. "We have serious concerns regarding the process leading up to the proposed deal, including the board's disregard for the opposition expressed by dissident board members, the apparent bias toward the Tornante/Madison Dearborn offer under which management was guaranteed jobs, and the inadequate disclosure in the original proxy statement."

Meanwhile Topps fired off a letter to Upper Deck on Thursday blasting its cheif rival and suitor for causing problems in the stock market.

"Our stock price has gyrated wildly based on your false and misleading statements to the public," said the letter from Topps.

In a filing with the government Topps referred to the UD dealings as a "sham."

"Your conduct has been shameful, indefensible, and, in my judgment manipulative," said lead director Allan A. Feder said in a letter to Upper Deck Chairman, Richard McWilliam. "Upper Deck never once indicated a strong desire to get the deal done, other than through its misleading communications to the public."

Shareholders vote on August 30 to either accept or reject the Eisner deal. The dissident stockholders are also running a slate of their own against the current members of the Topps board of directors to take control of the company.

                                  ====================

(UPPER DECK PULLS OUT OF DEAL TO BUY TOPPS, MAY SUE INSTEAD)

In a sharp turnaround and only days away from the vote to seal the fate of The Topps Company, chief rival Upper Deck has withdrawn it's $10.75 per share tender offer and ended it's bid to buy Topps. In a strongly worded letter, Upper Deck attorney's charged Topps had no intention of selling the company to Upper Deck and instead was bent on making the deal with former Disney CEO Michael Eisner stick (Eisner offered $9.75). This letter came in response to a letter sent to UD by Topps Chairman Arthur Shorin.

"In short your letter is a transparent effort to create noise in order to discredit the UD transaction, promote the Tornante/Madison Dearborn merger favored by Topps entrenched management and to insulate Topps from potential liability to it's shareholders by cynically attempting to shift the blame to UD for a breakdown of the merger," the letter proclaimed. "In fact, for months UD has endeavored in good faith to consuamte a merger with Topps which would provide significant benefits to Topps and its shareholders...Topps however has erected a series of hurdles designed to frustrate UD's ability to move forward."

The letter stated UD continued to ask for key financial information including league contracts, player information and most crucial Profit and Loss figures on the brands of trading cards along with the distribution program for Whiz Kids. UD charged Topps would only give this information after certain requirements were met and some of it even after the deal was done.

UD said it needed the information before concluding the deal while Topps was not ready to give up such vital information fearing UD would not conclude the deal but would have gained invaluable competitive information about it's rival in the business. The latter from a layman's view seems reasonable although from UD's point of view the information was important before buying the company. Such as full disclosure agreements are required in purchasing a home.

Upper Deck, an extremely litigous company, is holding out it's option to take Topps and it's management to court over the matter for later.

"These roadblocks have been created by Topps as part of a deliberate effort to discredit UD (both publically and internally with Topps employees whom UD would need to rely post-closing of this acquistion) defeat UD's offer and justify management's continued shameless support of the less favorable Tornante/Madison Dearborn transaction," the letter went on to say. "UD is left no choice but to immediately terminate its tender offer, as well as all merger discussion with Topps while reserving all of its rights to seek redress against Topps and those responsible for the collapse of this transaction."

At this point any shares tendered to UD will be returned. This effectivly ends Upper Deck's quest to purchase Topps but possibly only for the moment because at this point the deal to Eisner is no cinch. See story below.

                                             ==================

(SECOND PROXY ADVISOR SAYS "NO" TO EISNER DEAL)

The deal to sell Topps to Michael Eisner's group really isn't a done deal yet. The paperwork is in place and the management backing in line but now a second Proxy Advisory group is challenging the deal as it stands. Glass Lewis & Company, a firm which advises on proxy matters dealing with public companies, says the deal to Eisner is not what it should be.

"We are deeply troubled by the process which the board undertook in arriving at the proposed deal, and agree with the Dissident that it did not constitute a full sales process," said the statement from Glass Lewis. "We believe shareholders should reject the proposed deal and ask the board reevaluate it's strategic options."

Earlier this week ISS, another Proxy Advior, said it recommended a "no" vote because the process was flawed and there was a better offer on the table. Both firms issued their statements before UD withdrew its offer.

The rubber will meet the road so to speak on August 30 when the shareholders vote on whether or not to accept the Eisner offer. If they do the issue will be moot. However if they reject the offer, a dissident board may replace the old board and turn right around to UD and offer the company to the rival for it's previous offer of $10.75. The dissidents could also replace current management and try to right the company on it's own before trying to sell it again.

                                    ======================

(PROXY ADVISOR'S SAY EISNER DEAL FOR TOPPS NOT WORTHY)

Just 10 days before shareholders vote on the fate of the Topps Company a key advisory group is recommending those stockholders reject the deal Topps has in hand with a Michael Eisner led team. Institutional Shareholders Services, an independent proxy advisory group said the deal between Topps management and Eisner's Tornante-Madison Dearborn Associates is not the best value for the money and urges stockholders to just say no.

"The sale process leading to the merger agreement had flaws that question whether the Tornante-Madison Dearborn offer was the best available," ISS said in filing the statement. "The company has traded most days after the merger announcement above the the offer price, even before the announcement of the Upper Deck offer."

(Former Disney kingpin and Topps pursuer, Michael Eisner.)

Eisner is offering $9.75 a share while Upper Deck has a standing tender offer of $10.75. Topps management has been negotiating with UD but is urging voters take the Eisner deal for many reasons. One is the deal is done and solid, while UD is still negotiating. In the Eisner deal key management personnel keep their jobs as well, while UD has indicated they will be gone. Topps insists it's not sure if the UD financing in place is real, while UD officials insist it is.

Topps immediately filed it's own objections to the ISS report. In a brief statement Topps charged ISS with "missing the mark" on the recommendation.

Shareholders are due to vote on August 30 whether to reject or accept the Eisner deal. Eisner has indicated he isn't interested in a bidding war and both he and UD have stuck to their guns on price. If the shareholders reject the Eisner proposal, it is very likely neither deal will go through as dissident shareholders have a proposal on the table to replace the entire Topps board of directors with their own team. They have indicated they would then move the company in a different direction. While they have not been concrete in their leanings they have put out the notion they would first replace management and move forward to possibly enhance the company before selling it.

This is the same group which is also urging a "no" vote on the Eisner deal and has been trying to unseat Topps appointed directors for several years.

"We are extremely pleased that ISS has recommended stockholders vote AGAINST the ill-advised Merger Agreement with Michael Eisner and Madison Dearborn," said Eric Rosenfeld, President and CEO of Crescendo Partners. "In a letter delivered to stockholders Friday, Topps and the so called "Executive Committee" led by Arthur Shorin continue to mislead stockholders into believing that they conducted a thorough sale process and they are committed to maximizing shareholder value."

Rosenfeld went on to say Shorin and his group cannot be trusted in this matter and based on the ISS recommendation shareholders should say "no" to the deal on August 30. One proviso of the deal is if the Eisner deal is rejected, Topps must pay Eisner anywhere from $12 million to $16 million as a break up, or more correctly a break off fee.

                                                   ==================

(MANUFACTURERS TRADE PLAYERS NOT UNCOMMON)

In these days of exclusives it often behooves one company to do what any major league general manager might do to strengthen his team; trade. For those who read this column and know Phillies slugger Ryan Howard is the exclusive property of SimplyAwesome Collectibles, you might wonder why Upper Deck is offering his signed items.

In a recent offering from Upper Deck to dealers, the company is selling Howard signed items including baseballs. We put the question directly to SimplyAwesome regarding if the company is still exclusive with Howard.

"Yes we do, we did a trade with Upper Deck," said company chief Robbie Mitchell.

(Upper Deck traded for some rights to Ryan Howard autographs.)

What the trade involved isn't important and companys do have their privacy on these matters, but it just goes to show nothing is off the table in sports collectibles. SimplyAwesome still represents Howard as well as other players but they can show up on other team's menus.

Last year both Steiner Sports and Mounted Memories worked a deal so they could both be exclusive with Peyton Manning. The Manning deal commanded a large amount of money and commitment and was easier to swallow if two teams merged for the deal. It got done.

                                               =======================

(NBA MAKE OVER PROGRAM COMPLETE; NEW STORE ROCKS)

It was likely all Scott Pierce could ask for and more. The winner of the NBA Make Over Program got his new store back looking like a million bucks; or at least up to $50,000 according to the NBA. It wasn't without it's problems and while he was only closed for five days, the store isn't completely finished just yet.

"However, I've been in this business for 21 years and I've never been as excited as I am now," Pierce told The Brill Report in an exclusive interview. "The NBA did a fantastic job, and while we ran into some problems, they were out here sweating in the Texas heat every step of the way and business? It's been fantastic."

Pierce, who owns SMP Sportscards in Grapevine, Texas, won the contest by collecting the most NBA trading card wrappers and submitting them. His prize was a complete store make-over by celebrity designer Michael Moloney. The results are below with the before and after shots;

(Before and after shots of the new SMP Sportscards entry.)

The lounge area may be a bit much for a sportscard store, or any retail store, but other stores have tried it and liked it. It is usually a great place for mom's to relax and read a magazine while the kids go about their card search.

(Lounge area in front of store is a welcome site to moms.)

"At first I wasn't sure that was going to work but now I'm all for it," added Pierce. "Before mom's would give the kids $20 and rush them to finish and leave, but now they come in, sit on that nice couch, read a magazine and when the kids come back for more money they usually give it to them. That is nice."

The NBA contracted Moloney for five days to do the job but Pierce says it obviously wasn't enough. He says more local manpower would have worked better and at the end Moloney and his crew just put everything back into the back storage area which was pretty much a mess. Pierce says he still has several weeks work to do to get the place into full running mode. Mainly because as was speculated before the project was started here in TBR, a sportscard store is unlike any other retail business.

(Celebrity designer Michael Moloney.)

"It certainly is," confirmed Pierce. "Is Michael Moloney a fantastic designer and the right guy to design the shop? Absolutely! Was he the right guy to carry it out? It probably would have been easier with another crew."

Pierce says he doesn't want anyone to get the wrong idea however.

"I am happy and thrilled and the NBA took this store to a new level and did more than they said they would, I mean it was great," he said excitedly. "I had a pretty good shop and a real good business before, but now we're sailing and business has not slowed down."

It helped the NBA provided Spud Webb to sign autographs for a re-grand opening, and food and all sorts of things to kick off the stores new look. Several NBA Staffers gave a yeoman's effort he said, adding they were working in the store with paint brushes in hand doing what they could to help out and doing stuff "they didn't sign up for" according to the store owner. Five days is just not enough however for a project like this.

"I had 20 years of inventory to move around, get out to another building and then bring back everything and reorganize," said Pierce. "It was just a very difficult job and it isn't done yet as my family is pitching in to finish it, which will take a long time."

(Owner Scott Pierce and crew at near conclusion of NBA Make Over of SMP Sportscards in Grapevine, Texas)

                                             ========================

SPORTKINGS EXPENSIVE BUT NOT OUT OF LINE

VOLUME 2, NUMBER 154

HOT *BUTTON*STORY

NINE MILLION MORE CHINESE TOYS RECALLED, MAJOR IMPACT!!!

** SPORTKINGS IN LINE WITH HIGH END HALL OF FAMERS

** MILLIONS MORE TOYS FROM CHINA RECALLED

** IS MICHAEL EISNER GETTING IMPATIENT WITH TOPPS?

(TOPPS' SHORIN BACKS EISNER IN NEW LETTER TO STOCKHOLDERS -- UPDTE FRIDAY AUGUST 17)

** TOPPS OPENS ON-LINE CONSUMER STORE

** DREAMS SALES SOAR, PROFITS SINK

** ETOPPS GOES FOR THEISMANN AUTOGRAPHS

** TOPPS SIGNS EXCLUSIVE DEAL WITH SANTA CLAUS ** ROCK & ROLL AUCTION IN CLEVELAND **

DETAILS ON THESE STORIES AND MORE IN TODAY'S EDITION OF TBR: THE BRILL REPORT...

EDITORIAL COMMENT: NO REDEMPTION CARDS FOR SANTA CLAUS AUTOGRAPHS

                                     ==================

(SPORTKINGS TRULY HIGH END BUT HIGHLY LIMITED)

While some dealers are complaining the cost of the new Sportkings product is way higher than expected -- compared to comparable products says the man spearheading the series, it's not out of line. Brian Price takes exception to calls the product which carries a direct dealer price of $329 per pack is too expensive.

(Jackie Robinson cut signature is in Sportkings Series A)

"There are no photo shoot jerseys they are all game used, there are no rookie cards, all the autographs are of Hall of Fame caliber athletes and it measures up admirably with Exquisite, The Cup, Paradigm and especially National Treasures," said Price. "At least you know you are getting a Hall of Fame type player and not some unknown rookie who got a cup of coffee with the New York Rangers."

Price's comment refers to Upper Deck's The Cup NHL series which carries a retail price tag of $350 per pack. He also says there is no suggested retail and while by retail standards the product should sell for between $450 and $500 per pack, dealers are pre-selling as low as $389 per pack.

"That is just the hobby, it is the way dealers do business," he told The Brill Report in an exclusive interview. "But we are making only 4500 packs and they are spread wide and thin across North America."

(Boxing has always been a favorite from the Sportkings brand.)

Price said in today's autograph and memorabilia world the amount of money spent to get genuine certified autographs of the athletes in this series and genuine game used items and not photo shoot jerseys, was very very high. Without announcing the numbers he said it would surprise collectors and dealers what it cost to put this project together.

"Look at the size of the exclusive contracts given by companies to big name legendary athletes and those exclusives have kept the prices high," he told TBR. "It was a grueling decision on where to price this product and after all was said and done we realized this was a product for the mature collector and it was a long and agonizing decision."

With an average of just over one autograph per pack and real game used items Price feels the product will stack up favorably and will sell through making dealers happy. For those who break every pack and put the individual cards on eBay, there will be some very unique items.

"I would be foolish to think every one of these cards was going to collectors," he said. "Unfortunately, or fortunately, maybe the value of a product like this may be determined by the number of cards which sell on eBay."

(Great Italian boxer Primo Carnera is also featured.)

He said also the cards were made to not only look like the original Sportkings but to feel like them as well. A decision was made to make a smaller parallel card which is the same size of the smaller original Sportkings. There are not many cards in the set so collecting the base set is doable unlike many other super premium series of trading cards. This is something important to Price, a long time set collector.

When it comes to his offer to allow collectors to input their ideas as to who appears in Series B, he says it has been an interesting experience. Fans are voting on the web site.

"One thing they do need to understand is many of the people they want, have exclusives with other company's," he said. "I'd love to have Wayne Gretzky as the greatest hockey player but it's not going to happen."

Overall he said the process is proceeding and collector imput will be important.

                                      ======================

(EISNER GETTING IMPATIENT? POSITIONING TAKEN TO NEW LEVEL)

(TOPPS ANSWERS BACK QUICKLY WITH LETTER FROM SHORIN TO SHAREHOLDERS)

Perhaps Micheal Eisner is getting impatient, perhaps he's jockeying for position or perhaps he is tired of all the talk of Upper Deck and Topps while he still has a deal on paper. No matter what it looks like, Eisner sent a strong letter to Topps board of directors this week demanding they reaffirm their position on selling the company to him and his Tornante Group.

"We hereby request pursuant...of the merger agreement that the board of directors and the company expressly publicly reaffirms no later than August 21, 2007 it's Company Recommendation that the Merger and the Voting Agreements are fair and in the best interest of the company and it's stockholders," the letter said, and continued to demand the public statement should read "the board of directors of the Company has adopted and declares advisable the Merger Agreement and the board of directors of the Company recommends approval of the Merger Agreement to the Company's shareholders."

Bottom line the letter lays out is the Topps board should right away announce it is still in favor of the deal with Eisner, and should tell the stockholders so. What the company has been doing is while negotiating with Upper Deck, it has reminded stockholders it still has a deal with Eisner.

Evidently Eisner wants the company to flat out state in public the deal with Eisner is better than anything else on the table at the moment. The letter came from Eisner's Joe Acquisition Company and his Joe Holding Company which were formed when putting together the package to buy Topps.

Topps CEO evidently took the message to heart and on Friday issued a statement backing Eisner and telling shareholders the only deal in place is with the former Disney CEO and they should vote for it.

"Do not gamble with your investment in Topps," read the letter from Topps top man, Arthur Shorin. "The board urges stockholders to vote 'for' the certainty of value today with the Tornante-MDP transaction."

Shorin went on to say Topps sought out over 100 possible buyers and the only concrete offer on the table is and always has been Eisner. He did point out the company is going to continue negotiating with Upper Deck "as part of the Board's committment to maximizing value for Topps stockholders."

Eisner's deal is for $9.75 a share and would keep management in place to run the company, while UD is planning on liquidating management and melding the company into it's own. The UD offer is for $1 more per share than Eisner but Topps has insisted previously UD's offer isn't necessarily better despite more money. It continues to negotiate with UD as the courts wanted so the best deal for stockholders can be made.

In his letter to shareholdes Shorin also urged the sale to Eisner basically because it's a done financial cash deal and in recent days credit has been tight.

"The all-cash Tornante-MDP transaction offers stockholders certainty of value, as the transaction has a high probability of closing shortly after stockholder approval," said the Chairman of Topps.

One of the problems for Topps lies in the fact if the deal with Eisner is halted Topps would have to pay Eisner $12 million to $16 million as a penalty called a break up fee.

                                                           ==================

(ANOTHER RECALL OF CHINESE MADE TOYS, ONE DAY AFTER CEO SUICIDE)

One day after the head of a Chinese toy company hanged himself in disgrace on the heels of another recall of Chinese toys, Mattel announced the recall of 9 million more toys. The move has sent another shock wave through an industry which has suffered through three previous recalls in a matter of months. And it may not be over yet.

"There is no guarantee we will not be here again and have more recalls," said Mattel CEO Bob Eckert in a conference call. "We are testing at a very high level here."

The recall is just the latest involving toys made in factories in Southern China, mostly using tainted lead paint on the toys. Lead in paint has been proven to cause serious injuries and can even be fatal. This is especially true in toddlers who place many of these toys in their mouth. This specific recall also cited tiny magnets in the toys.

(Pixar Sarge die-cast are among the millions of toys being recalled in the latest round of toys made in China.)

About 80-percent of the toys sold in the US are made in China. China has been reportedly cracking down. So much so the CEO of the Lee Der company hanged himself in disgrace after it was disclosed one of his best friends sold his company the lead filled paint used in Mattel toys. His death followed the recall of 1.5 million toys by Mattel.

The magnet issue is an unusual one. Among the toys are Polly Pocket Dolls, Barbie and Tanner Play Sets and Batman action figures. There were also nearly a quarter of a million die-cast vehicles. These tiny magnets can be easily swallowed. The magnets are powerful when combined with other magnets which connect to each other. Among other problems they can cause blockage of the bowels. In small children such an ailment could be fatal.

The die-cast toys were the Pixar Sarge Die Cast. The kind of lead paint in these has been linked to brain damage in children.

                                    ========================

(TOPPS OPENS ON-LINE STORE TARGETING CONSUMERS DIRECTLY)

Looking for Topps t-shirts and other apparel? How about Topps factory sets? Autographed baseballs? Or, even Topps lines of candy such as Bazooka Bubble Gum Tubs? Stand in line and get on line because Topps is going direct to the public with it's own on-line store.

Dealers have expected Topps to do this for a long time. Upper Deck already has it's own on-line store which does sell some things not available to dealers direct. Topps is opening the shop up and while some dealers will find this distasteful, it's not like it wasn't happening already.

(Dealers expected at some point Topps would sell direct.)

You can buy tubs of Bazooka Bubble Gum at any Smart & Final store, you can purchase factory sets for the $59 price tag offered at K-Mart and Target and as far as the signed baseballs are concerned -- if Topps sticks with the players they are offering it won't be a problem.

The web site www.toppsonlinestore.com is offering a Josh Hamilton signed ball for $25, Nick Johnson for $15 and a Jimmy Rollins mini-helmet for $30. The Alfonso Soriano signed baseball for $50 does seem a little low. Dealers would have trouble finding such a ball to sell at that price and make a profit, but at the same time would have difficulty selling Nick Johnson for $15.

The price of a box of Topps Total football is $37 which is more than what dealers are selling it for. As long as Topps sticks with this format dealers can't complain too much. If the program expands and actually competes with "the core of the hobby being the hobby store" it will anger dealers and cause some problems.

                                               ==============

(DREAMS REVENUES INCREASE PROFITS TAKE HIT)

Dreams Incorporated is on it's way it feels to being very successful and if retails sales are an indication they are; however the road to success is littered with debt and expenses. The end result is while sales were up, profits were not and that is a mixed bag.

"We are pleased with our continued levels of growth as we execute our business plans and evolve into the premier retailer of licensed sports products," said Ross Tannenbaum, CEO of Dreams. "In choosing reinvestment over profits we experienced some one time expenses related to the listing of our shares on the American Stock Exchange and the early re-financing of our senior debt."

These things combined with other negative factors including new retail equipment, caused the profit level to be upside down.

Revenues were up 33-percent to a record $10.5 million. Net losses meanwhile went from $351,000 to $873,000.

                                         =================

(eTOPPS OFFERS JOE THEISMANN AUTOGRAPHS)

Joe Theismann can be annoying as an announcer and while as a football player he had some great moments, eTopps is now offering his autographed cards. The price tag is $25 and as usual you must have the cards in your portfolio. The cards are limited to 150 autographs and are on sale starting August 16.

                                              =============

(TOPPS INKS SANTA CLAUS)

Okay, now we've gone too far, or have we? Topps is claiming to have signed Santa Claus to an exclusive deal to appear in the Holiday version of a 2007 Topps Factory set of Santa Claus cards. Not that there is any real licensing involved since more than likely Ole St. Nick is probably public domain. Or is Topps paying someone who officially changed their name to Santa Claus.

"Neither," Topps spokesman Clay Luraschi told The Brill Report. "We're doing it all ourselves."

(Santa Claus is coming to Topps.)

A few years ago a Burbank, CA man who appeared as Santa Claus annually for years was made the official Santa of The White House. He has since passed away.

Topps decided to evidently take a tip out of the Pro Set playbook. Not since Pro Set and it's Santa Claus Elves (based on the face of company owner Lud Denny), has Santa been in a trading card set. The cards did very well early on and were highly collectible.

The Topps set will retail for $9.99 and will include 18 cards. The designs will feature older Topps baseball card designs including the Santa Rookie Card.

                                   ========================

(CLEVELAND ROCKS)

The National didn't exactly set the world on fire in Cleveland last week but Cleveland still rocks. Just ask Drew Carey. Aside from the Rock & Roll Hall of Fame, Cleveland was the place where rocker Alice Cooper put his name on a restaurant "Alice Coopers-Town." The idea was a mix of rock & roll memorabilia and sports memorabilia.

(Alice Cooper Movie/Tour Jacket among items in auction.)

When Alice split the scene owner Tim Rose decided to change it to a sports themed eatery. It left the place with lots of R&R items with no place to go. Next month, September 23-30, the items will be auctioned off by Back Stage Auctions. Among the items are gold album awards and a jacket Cooper wore on tour and in the film "Wayne's World."

                                    ======================

CONTROVERSIAL CHINESE TOY CHIEF TAKES OWN LIFE

VOLUME 2, NUMBER 153

HOT*BUTTON*STORY

(NO BONDS FIRE FOR ILLINOIS DEALER AFTER ALL)

** CHINESE EXEC INVOLVED IN TOY RECALL KILLS SELF

** BONDS NO. 755 UP FOR BID, NO. 756 SITS AND WAITS

** ILLINOIS DEALER CHANGES MIND ON BONDS-FIRE

** MCFARLANE RELEASES BONDS NO. 756

** SPORTKINGS PRICE TAG IS STICKER SHOCK ** CARDINAL'S PLAYER RIGHTS SELF AND HOBBY **DETAILS ON THESE AND OTHER STORIES IN TBR: THE BRILL REPORT...

EDITORIAL COMMENT: GO GO ANKIEL

                                           =====================

(HEAD OF TOY COMPANY INVOLVED IN RECALL COMMITS SUICIDE)

In a stunning development over the weekend the head of the Chinese Toy Maker involved in the recall of about one million toys took his own life. Zhang Shuhong, who was the top man at the Lee Der Industrial Company Ltd., was found dead in a company warehouse. He had hanged himself, according to the state run newspaper.

It is common in China, even today, for disgraced company officials to commit suicide. Zhang's company was being investigated after Mattel ordered the recall of a million toys due to heavy amounts of lead in the paint. Lead can cause neurological damage and even death in more severe cases. The recall came in the middle of several recalls of Chinese goods including at least one other involving toys with lead paint. The other being RC2 Corporation's Thomas the Train series. In that recall 1.5 million toys were ordered returned.

(Toys like this one have been recalled by the millions.)

"The boss and the company were harmed by the paint supplier, the closest friend of our boss," a worker was quoted as saying.

Lee Der is based in Hong Kong and also operates in Southern China, with a factory in Foshon. According to the Chinese newspaper article the supplier of the tainted paint was the best friend of the late head of the company.  Lee Der was one of the two companies put on a banned list by the Chinese Government agency which oversees such things. The other was the Hansheng Woods Product Factory.

                                                ==================

(BONDS NO. 755 UP FOR BID, NO 756 NOT SO JUST YET)

Adam Hughes figures at age 33 why not make a couple hundred thousand dollars if he can? Hughes, who caught Barry Bonds home run no. 755 which tied Hank Aaron's record, will put the ball up for bid through SCP Auctions. It likely will fetch about $200,000.

"He made a lifetime achievement and I feel very fortunate that I caught this ball," Hughes said in a statement released by the auction house. "Never in a million years did I expect it."

Meanwhile, Matt Murphey who at age 21 caught Bonds' record breaking home run no. 756, is hanging on. He told the Today Show he was going to keep his baseball for now.

"It is the greatest sports accomplishment in history," he told the national TV audience.

Most believe no. 756 will bring about $500,000, with any Bonds baseball being up in the air for now because of what the future may determine about his alleged steroid use. Either way it's a lot of money.

Then there is the other money angle. A couple in Forest, Virginia recently sold the image of Christ for over $1500 on eBay. The image was implanted on their floor of their garage and looked more like a smudge of sealant. No matter what they sold it as the image of Christ and someone is shelling out the money for the item. Part of the money will go to pay the contractor charged with pulling the concrete up where the "image" is displayed.

                                             ==================

(ILLINOIS DEALER SAYS NO TO BONDS FIRE, CHARITY INSTEAD)

Winnetka, Illinois card shop owner Keith McDonough changed his mind and while some might say he is chickening out, he says the move is for a good cause. McDonough, who owns Bleachers Sports, appeared on ESPN in an attempt to get Bonds to stop at no. 754. The self admitted Hank Aaron fan began collecting Bonds memorabilia to set on fire if Bonds chose to pursue the record. Now, he's changed his mind.

"What we're doing instead of having the Bonds fire is an eBay auction for the merchandise and donate the entire proceeds to the World Children's Baseball Fair," McDonough told The Brill Report. "We just thought rather than to protest Bonds' disingenuous efforts (since it's already done) we would rather do something positive with the merchandise and publicize Mr. Aaron and his charity rather than bring more attention to Bonds."

The charity was established by Aaron and Japanese home run king Sadaharu Oh.

(This Bonds ball is from his own web site for $400.)

"Really in establishing the protest and bringing it to ESPN our hope was to persuade Bonds to halt his effort to overtake Aaron's record suggesting instead he retire at 754," added McDonough. " Now that this is a done deal and the record broken through invalid means, it seems there is a better chance to build something positive from the original idea."

McDonough collected everything from action figures to cards and autographs for the Bonds Fire. All of which he says will go into the auction.

                                        =======================

(MCFARLANE RELEASES NO. 756 BONDS FIGURE)

Hitting store shelves almost as quickly as he rocketed the home run into the stands, McFarlane is releasing it's Barry Bonds no. 756 Home Run figure. The action figure is shipping now with some already on store shelves. The figure debuts with new packaging for McFarlane and with a $15-$20 price point.

(The new Bonds no. 756 from McFarlane offers new package.)

Company owner Todd McFarlane knows a thing or two about key home runs. He owns the baseballs hit by Mark McGwire for no. 70, Sammy Sosa no. 66 and many other great collectibles.

McFarlane paid $3 million for the ball McGwire hit only to see the ball drop in price if it were put on the open market, due to McGwire's attitude before Congress. Experts indicate the ball is likely only worth at best one third of what the Spawn founder paid for it.

In the case of Bonds he has not said publicly if he will bid on the ball for no.756.

                                                =====================

(SPORTKINGS PRICE TAG SENDS STICKER SHOCK WAVES THROUGH HOBBY)

When word of the new Sportkings trading card product first arrived few expected it was going to be an inexpensive product. Many dealers TBR spoke with expected a $20, $50 or even a $100 per pack product. Well, the order forms came this week and eyes began to bulge. With a direct cost per pack of approximately $325 per pack this would mean suggested retail price per pack (if there is one) would be about $500 per pack.

(Pete Rose is one of the signers in Sportkings.)

Dealers TBR spoke with felt for a non-licensed, multi-sport product featuring autographs of greats but including many non-mainstream sports stars, $500 a pack was cost prohibitive. Even in limited quantities for the first product out of the chute to be a super premium high end offering might be a mistake.

Those who run the company have usually done well by the hobby and follow certain trends. Ultimate Memorabilia released by In The Game is a non-licensed high end product which has done very well. Sportkings may do well too, but it's fighting an uphill battle at $500 per pack.

                                         ========================

(SLUGGER ANKIEL GIVES HOBBY A BOOST)

If at first you don't succeed try, try again. Former St. Louis Cardinal pitcher Rick Ankiel did exactly this and after returning to the majors as an outfielder he slugged three homers in two games. Thus a new hobby star was born. Ankiel was the coldest of the cold the last several years after flunking out as a pitcher after a highly anticipated debut. Now the Redbirds have him as a slugging outfielder and the hobby is getting the benefit.

(Rick Ankiel all of a sudden finds himself a hot commodity)

Of the 155 Ankiel items listed on eBay, 75-percent were listed after he hit is first homer. Autographed cards re selling in the $20 range and dealers who couldn't give his signed baseballs away at $29 and now selling them for $50. Just goes to show you don't count anyone out in the world of sports.

                                           =======================

TOPPS CHARGES UPPER DECK WITH CHANGING GAME

VOLUME 2, NUMBER 152

HOT*BUTTON*STORY

(TOPPS ALLEN & GINTER IN "JEOPARDY" OF FANS!!!)

** TOPPS CHARGES UPPER DECK WITH PLAYING GAMES

** UPPER DECK RESPONDS TO TOPPS LETTER -- FRUSTRATION

** UPPER DECK EXTENDS TENDER OFFER PERIOD

** FORMER TOPPS CFO CASHES IN STOCKS

** SPORTKINGS TRYS NEW ANGLE FOR CARD SELECTION

** EBAY WARNS HOBBY AUTOGRAPH WATCH-DOG

** MAN COULD GET 20 YEARS FOR EBAY SCAM/CRIME

** ALLEN & GINTER; NOT ALL HAIL CAESAR

** BONDS NO. 756? WHERE WILL IT END UP? EBAY?

** ETOPPS SIGNS HORNUNG/TOPPS REDEMPTIONS

** RAZOR SIGNATURE SERIES NEARLY READY TO SHIP

DETAILS ON THESE AND MORE IN TBR: THE BRILL REPORT...

EDITORIAL COMMENT: ENOUGH WITH THE PUBLIC DOMAIN TRADING CARDS

                                               ======================

(TOPPS OFF FIRES LETTER TO UPPER DECK; DON'T CHANGE THE RULES)

(UPPER DECK RESPONDS, ADDING QUOTES FROM UD ATTORNEY LETTER)

In what can only be seen as a move of frustration, Topps fired off a letter to Upper Deck wondering why UD is suddenly changing the rules in trying to acquire the grand-daddy of all card makers. In a terse letter to Upper Deck lawyers Topps board of directors said it wishes to continue negotiating with Upper Deck in what it calls a two step process and would like to complete the deal, but now UD has switched gears (UD denies this and says Topps is unscrupulous) and is going only for a one step process which Topps says doesn't assure a better deal for stockholders.

"At least as troubling, we were shocked to hear on our call with you Tuesday that Upper Deck is expressing an unwillingness to proceed with its tender offer," said the letter from Topps to UD. "This is the very form of transaction for which Upper Deck sought and obtained judicial relief, so it is startling at this point in the process to be told that Upper Deck's new preference is to terminate its offer and proceed with a one step merger, knowing full well that would require several months, expose our stockholders to transaction risk during that time and, giving effect to the time value of the money, reduce the value of the consideration received by our stockholders."

The letter went on to challenge UD's integrity in dealing with Topps in the matter to acquire the company.

"Upper Deck's behavior has raised an increasing amount of skepticism among our directors as to whether Upper Deck truly intends to acquire Topps, or whether it is simply taking steps to interfere with the current transaction with Tornante-MDP and otherwise harm Topps business," the letter stated. "We urge Upper Deck to start behaving like a motivated buyer if in fact it wishes to acquire Topps."

The letter came on the heals of a conference call between UD lawyers and Topps and on the day after it was announced UD's waiting period under anti-trust laws had expired as of midnight, August 3. This means charges by Topps there were anti-trust hurdles needed to be overcome, did not materialize. On Thursday of this week, UD announced it is extending the tender offer of $10.75 through August 29. To this point about 27-percent of the outstanding stock has been tendered, or 10.8 million shares. The vote on the Eisner deal is on August 30.

Meanwhile UD lawyers sent their own letter back to Topps saying they were "frustrated" at the latest move and charging Topps with playing by its own rules.

"My client and I are frustrated, though not surprised that our conversation Tuesday and the events of the last few days have been manipulated and re-cast by you on behalf of the Topps Company continuing the same unscrupulous tactics in which Topps and it's directors have been engaged since at least February, 2007 to justify Topps repeated failure to negotiate in good faith with Upper Deck in connection with Upper Deck's proposed acquisition of Topps," said the letter.

Upper Deck went on to say it has been negotiating in good faith from the beginning but Topps has not and has made assertations against UD which cannot be supported. Above all the UD attorneys call the Topps board unscrupulous especialy when it comes to financial backing UD has acquired. It said at no time did it's backers say the have reservations about the deal.

The two step process involves first a tender offer followed by a merger agreement. As of now the deal with Tornante-MDP is still in place and will be voted on later this month unless a deal with UD is reached and the Tornante deal disbanded. Topps letter also questioned if UD's new stance means they are not in control of the financing to make the deal.

The bottom line is Topps says it is not yet ready to declare UD's offer better than Tornante-MDP which is headed by former Disney CEO Michael Eisner. It says it is willing to move forward with the UD negotiations and come to a quick deal, if indeed it is better than what Eisner is offering.

Part of the problem is if the UD deal is agreed to, Topps will have to pay Eisner and MDP up to $16 million as a break up fee for canceling the current deal. Other points of interest center around where the company executives land. Upper Deck has stated it would let them go, Eisner would keep them. It is not known at this point if any of the dealings with Upper Deck have to do with keeping any current management on the payroll.

                                                ==================

(EX TOPPS CFO CASHES IN STOCK)

Catherine Jessup took a nice bonus with her upon leaving Topps for another position. Jessup, the long-time vice-president and Chief Financial Officer cashed in 8333 shares of stock at $9.45 per share. She walks away with more than $78,000. Jessup, it is interesting to note did not sell her shares to Upper Deck for the asking price of $10.75 choosing evidently to remain loyal to her ex-bosses.

Jessup became the North American Division's CFO for Diageo, a bottled water company based outside the US.

                                       ====================

(SPORTKINGS ALLOWING COLLECTORS TO HELP PICK CHECKLIST)

Dr. Brian Price, who now heads up the Sportkings label of trading cards, has never been one to shy away from innovation. Although the first series of trading cards checklist is ready to go, he's asking for public support in picking a second series.

(Some of the names who will be featured in Sportkings.)

Using his web site (www.sportkingsgum.com) collectors can vote on who they want to see in the upcoming series.

"Choosing a Sportking is very subjective," Price said. "In order to produce the best possible product we have developed a method for collectors to help us choose who we include in this product by voting for their choice on our web site."

The area of the site pertaining to choosing future cards offers a choice of sport and player and includes more obscure sports such as soccer, auto racing and golf. The first series of the new Sportkings trading cards is due shortly and is highly anticipated.

                                    ====================

(EBAY WARNS WATCHDOG, CHARGES VIOLATION OF EBAY RULES)

For a couple years Christopher Williams has been warning buyers about fake autographs and reporting daily to eBay his findings. He uses eBay's own authenticators and pays for the service out of his own pocket. Daily, The Brill Report gets updates on new alleged forgers on the eBay site who are selling their wares. Along with these come "instant opinions" from PSA and others authorized by eBay and which state "likely not genuine." Now eBay is warning Williams to stop it.

"eBay is looking for any reason to suspend my account," Williams told TBR.

After months of sending information to eBay and warning potential buyers about sellers with multiple "likely not genuine" items for sale, Williams showed TBR emails from eBay telling him to quit.

"We understand your willingness to help try and keep eBay a safe and fun place, but please understand there are many ways we enable eBayers to make an informed decision about their transaction without outside interference," said the email from eBay Customer Support. "Please understand our goal is to help you understand our policies to ensure successful experiences at eBay. Therefore we respectfully request that you refrain from this activity in the future to avoid the possible suspension of your eBay registration."

Williams denied interfering with transactions but has taken issue with sellers directly. Many of them have threatened him personally but he continues with his crusade. He charged eBay with fraud in return.

"I'd like to know how a corporation like eBay, which is publicly traded, can profit legally from the sale of forgeries?" He asked. "You allow those forgers to sell their items, and yet accuse me of a lame infraction like 'transaction interference?' Where are your priorities."

                                    ===================

(CALIFORNIA MAN CONVICTED IN EBAY SCAM, COULD GET 20 YEARS)

A 37-year old California man could get 20 years in prison for a scam he committed over time on eBay. Gilbert Vartanian was convicted of collecting $90,000 for tickets and Rolex watches which he never delivered.

(Fake Rolex watches are an area heavily trafficked by eBay con artists.)

Using nearly a score of user names between 2001 and 2004, Vartanian sold tickets for NFL, NBA and other sports games as well as watches. Testimony showed he would either not send anything, or an empty envelope. He could be sentenced to up to 20 years in jail for his crimes.

                                   =====================

(TOPPS ALLEN & GINTER GOOD BUT NOT LIKE 2006)

There is a common complaint thread running from collector to collector opening the new 2007 Topps Allen & Ginter Baseball Card Series.

"There are way too many things in here they didn't have to pay money for, that's obvious," said Terry Bonham, a Ventura, CA collector. "They were trying to avoid paying royalties with a lot of this stuff."

Bonham and others we've spoken with are referring to the many cards featuring people such as Caesar, the Brooklyn Bridge, Tower Bridge in London and the many flags of the world. Opening a pack of A&G, a baseball product, doesn't necessarily ensure you will get all baseball cards. While the vast amount of the cards in the set are baseball players, a card such as no.183 Groundhog Day featuring Punxsutawney Phil, did not thrill any collector we saw cracking packs.

(Allen & Ginter Groundhog Day card not what collectors are looking for in a rookie card or autograph?)

"I got a baseball press plate and a bat card which I'm okay with as my hits but I would have really been upset if I got a shirt card of the guy who won Jeopardy," said collector John Cooper. "I buy baseball cards for baseball and some of the presidents and icons of history are cool because I'm a history buff, but while the guy who won Jeopardy may be smart, I'd probably throw his card back."

Cooper was referring to Ken Jennings shirt card which is the first relic card listed under the Relic's section on the check list. While his signed card sold on eBay for $102 his jerseys run less than $10 with one selling for less than $1.

Overall the set is basically the same as last year in design but probably the most unique or unusual card is a cut signature of Fidel Castro.  Boxes of the product are selling for under $90 at the moment which is still well above cost.

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(METS FAN UNDECIDED WHETHER TO SELL BONDS NO. 756)

The advice in collectibles is always "sell it now while it's hot because you can always buy it back later, and probably for less than what you sold it for in the first place." This is just one piece of advice TBR is sure Matt Murphy is getting after walking out of the stands with a baseball in his hand -- the one Barry Bonds hit for no. 756 in San Francisco.

(Where have you gone Matt Murphy, a nation turns it's auction eyes to you --- boo hoo hoo!)

The fan, wearing a NY Met's jacket of all things, dove to the bottom of the pile and came up with it. Next he was ushered out of the area by seven local policeman on standby for this event. Murphy left the stadium without talking to reporters.

Interestingly enough he was on his way to Australia having stopped over in San Francisco to see the game. What a lucky choice that was. The ball, if he decides to put it up for auction, could command between $300,000 and $700,000. It won't go to Bonds who already said whoever wants it, keeps it. He's always believed home run balls were for the fans lucky enough to catch them.

As for the man who gave up the home run, Mike Bacsik is an avid collector and received a signed bat from Bonds. He also knows his place in history.

"Now Al Downing and I can do card shows together," he said later.

(Bacsik begins his collection anew with Bonds signed bat.)

Downing of course gave up Hank Aaron's no. 715 home run and is willing to sign exactly that on memorabilia. Downing is a man who truly understands his place in history.

There are other aspects of the chase for how much the ball will be worth. eBay certainly would like the chance to auction it off and so would Mastro and Leland's.

(ebay home page looking for Mr. Murphy!)

eBay actually is soliciting Murphy from it's web site home page hoping to get him to list the ball.

                   =====================

(RAZOR POKER SIGNATURE SERIES SET TO SHIP)

After lengthy delays due to the company waiting for autographs so they did not have to place redemption cards in the product, it now looks as if Razor Poker Signature Series is almost ready to ship.

"I wanted to inform everyone that the 2007 Razor Poker Signature Series will be shipping in about three weeks," owner Josh Pankow of Razor Entertainment.

Pankow sent an email earlier this week

                                    ======================

(ETOPPS SIGNS HORNUNG, HORNUNG SIGNS 199 CARDS)

eTopps inked a deal with football great Paul Hornung to sign 199 eTopps cards. The company is selling them for $19.99 beginning August 9 and until they are sold out. As usual the cards must already be in your portfolio for them to be signed. Earlier in the week eTopps offered up to 50 Tom Glavine signed cards at just under $50 each.

                                  =======================

(TOPPS FINEST ROOKIES DEAL TWO FOR ONE)

While Dice-K as he's known will already have a Topps Finest Rookie Redemption Card, he's now going to be on a second. Topps has announced no. 7 in the line of Topps rookie redemptions for Finest will be a dual card featuring Diasuke Matsuzaka and Hideki Okajima who was also pictured previously.

What this will do as far as "Rookie Card" designations is up in the air. They both have Rookie cards in the series, and now what was supposed to be a rookie card features two players previously pictured on separate cards. While valuable this will not likely be considered an RC.

Topps has done this previously. In 2001 the company issued RC's for both Ichiro and Albert Pujols while later issuing a Rookies of the Year card with both players. However collectors sent these redemptions in to Topps believing they were going to get RC's or Rookie Cards. Suddenly the no. 7 card is drawn into question.

Some collectors were upset when Topps inserted rapper Jay-Z and other celebraties in it's basketball product. These "Rookie Cards" took the place of a real rookie card in Topps Basketball Chrome which caused some collectors to cry out against the practice.

                                       =============

DONRUSS MAY LINK ANIMAL RIGHTS TO CARDS

VOLUME 2, NUMBER 151

HOT*BUTTON*STORY

(CHINA HINTS TRADE WAR MAY START BEGINNING WITH TOY RECALL!!)

** TBR EXCLUSIVE:

         DONRUSS WANTS TO TAKE VICK BAN TO NEXT LEVEL

                 BRING ON THE DOGS !!!

** TOPPS SETS VOTE FOR AUGUST 30

** TOPPS DISSIDENTS PUSH TO BOOT THE BOARD

** DREAMS ACQUIRES SCHWARTZ SPORTS

** MATTEL RECALL MAY HELP SET OFF CHINA TRADE WAR ** WIZARDS TEAMS WITH NEXON **

** TOPPS SECOND NATIONAL SET TO DEBUT ** AMAZON CHALLENGING PAYPAL? **

DETAILS ON THESE AND OTHER STORIES IN TODAY'S TBR: THE BRILL REPORT

EDITORIAL COMMENT: MICHAEL VICK GOING TO THE DOGS

                                                     =======================

(FALLOUT FROM VICK AFFAIR MAY TAKE NEW DIRECTION FOR DONRUSS)

The public relations disaster which has become Michael Vick may be taking a positive direction based deep in the heart of Texas. Ann Powell, owner of Playoff/Donruss and a major dog lover, not only is pulling all Vick cards from the company's product, she is now looking to link dog loving to trading cards. There are those in the NFL who might think this is a positive idea, but at the moment it is very preliminary.

"We have not heard anything pet related from Donruss and are not in a position to comment," NFL spokesman Brian McCarthy told The Brill Report.

 (Benson was a bait dog used to entice other dogs to fight and kill in a dog fighting arena. Benson was recovered and is now with the Human Society USA.)

The direction may be as simple as an insert set featuring players off the field with their favorite pet. There is precedent for such a series. A dog food company several years ago released a baseball card set featuring players and their animals.

Donruss admits the idea is preliminary but discussion has been strong at the card company.

"It is something Ann brought up and we're currently exploring but to what extent we haven't figured that out yet," Scott Prusha, marketing director at Playoff/Donruss told TBR in an exclusive interview. "We're currently exploring different options and are not sure if we want to promote a specific organization or something in general."

Powell is an avid dog lover and in fact brings several dogs to the office with her and we're told they pretty much have a run of the place within reason. For her it is an issue which needs to happen.

(Michael Vick may be replaced by a dog if one cardmaker has it's way.)

"We have discontinued Michael Vick cards in our product and we would like to do something either with the Humane Society or some other organization," she told TBR in a phone message. "We will do something on our web site but we would like to do something within packs if we are allowed to."

The issue makes perfect sense. Vick's involvement or lack of involvement since he has not been convicted yet is a disaster for the NFL and the Atlanta Falcons. No one is going to support dog fighting no matter how much fans love the violence on the gridiron. It is just not the same and for Donruss to make a move like this will bring about awareness.

"I think we are discussing something like picturing players with their pets," said Prusha. "We'd like to do something perhaps interactive with our web site and maybe link to other sites, but the interactivity would be important."

As far as Vick goes, it's over for Donruss.

"We've pulled his cards, his autos and our deal was negotiated before this so we have a considerable investment in Michael but we're not going to use it," added Prusha. "He has signed all his autographs and we've paid for it so that is where it's at and there will be nothing in the future."

Prusha added this is the first time in the history of the company something like this has happened. Ms. Powell showed the rest of the world, especially the collecting world, there is a limit and Vick has apparently reached it.

                                        ===================

(TOPPS SETS AUGUST 30 DATE FOR VOTE ON SALE, DISSIDENTS FILE)

August 30, 2007 is the date Topps shareholders will vote on whether to accept or reject an offer of $9.75 a share from a group headed by former Disney CEO, Michael Eisner. The company finally set a date this week after several new developments including a push by dissident stockholders to call for a special meeting to unseat the current board members and replace them with their own slate.

The move to schedule the August 30 session pretty much makes moot a move by dissident stockholders to force a special meeting to oust the old board by September 25. A decision on August 30 would pre-empt a move to kick the old guard out because the company would have been sold -- unless the stockholders reject the Eisner offer. If that is the case then a special meeting to boot the board would be feasible. It might also seem reasonable the dissidents would then have the upper hand.

Of course before that happens Upper Deck may own the company by buying up shares. The voters on August 30 must have owned stock by August 10.

"As you know Crescendo Partners II, LP Series (Crescendo Partners) largest stockholder of the Topps Company is soliciting proxies against the ill-advised Eisner merger because we believe the price is inadequate and the sale process flawed," said a letter from the stockholders to Topps. "Crescendo Partners believes Topps shares could be worth an enterprise value (net of debt) between $16 and $18 per share in two years."

The letter went on to say if the old board is out and the new board is in the new board will replace current management and hold a "dutch auction" tender offer in order "to fix company's Capital structure."

The letter accused the Topps board of stalling holding it's annual meeting charging the board with intentionally delaying it.

Meanwhile Upper Deck has extended it's tender offer until August 10 which is for $10.75 a share. The bid has been rejected several times by Topps which states despite the one dollar per share difference, the Eisner deal is better. Topps adds it will continue to deal with UD to see if a better deal can be reached.

                                      ===================

(DREAMS ACQUIRES SCHWARTZ SPORTS)

Long-time memorabilia company, Schwartz Sports, is being acquired by Dreams (Mounted Memories/Field of Dreams) in what amounts to a cash for stock transaction. Schwartz has long been a respected dealer in memorabilia with a family run business which includes player contracts, shows and retail. The move means Dreams is consolidating another memorabilia firm into it's fold.

"The Schwartz family has done a tremendous job building their brand and business into a key player in the memorabilia industry in one of the greatest sports markets in the country," said Mounted Memories President Mitch Adelstein. "We are excited about working with Brian Schwartz and his team on product development, player deals and trade shows instead of competing against them."

Schwartz who has watched his family business grow since childhood added the move is a good fit for both.

"We have worked diligently during these past several years in building our brand and are looking forward to this new endeavor as a division of Dreams as the vast resources they have to offer should allow us to continue to expand as a leader in the sports memorabilia industry," he said. "I believe this offers the best opportunity to become an integral part of the national leader in the sports memorabilia industry."

Dreams says it acquired 100-percent of Schwartz outstanding shares in a stock purchase.

                                           ======================

(MATTEL TOY RECALL SETS OFF ALARMS IN CHINA, TRADE WAR POSSIBLE)

It might not happen over missiles and cars but it surely could happen over toys. With what seems to be the notion most toys are made in China, a recall of 1.5 million toys by Mattel due to concerns of too much lead in toy paint, might just send a strong message. China is making noise over the recall, the second in just a few months. RC2 Corporation announced a recall of thousands of Thomas toys due to too much lead in paint in the toys made in China.

Mattel said the toys were made by a contract player in China which used unauthorized paint. These include Elmo and Big Bird toys.

(Big Bird is just one of the many toys on the recall list.)

"We apologize to everyone affected by this recall, especially those who bought the toys in question," said Mattel CEO Robert Eckert. "We realize parents trust us with what is most precious to them -- their children and we recognize that trust is earned."

Mattel says it is conducting a thorough investigation into the matter. The Recall division of the web site lists the toys.

"We require our manufacturing partners to use paint from approved and certified suppliers and have procedures in place to test and verify but in this particular case our procedures were not followed," said Jim Walter, Mattel's Senior VP of Worldwide Quality Assurance. "We are investigating the cause to ensure such events do not reoccur."

China meanwhile is issuing veiled warnings about concerns over recalls such as Mattel, RC2 and several food products feeling these might stoke the fires of protectionism. Beijing is pushing for dialog rather than reactions which could harm trade.

                                        ============================

(WIZARDS TEAMS WITH NEXON FOR MAPLESTORY iTCG)

A partnership made in fantasy land is offering some interesting dividends from free haircuts to virtual pets. Wizards of the Coast is teaming with Nexon, inventor of the virtual iTCG, MapleStory. The two will team to launch the MapleStory Game with on-line codes in November. The on-line codes, first made available by Wizards several years ago can be redeemed for virtual items, but can also be used for real world items such as a haircut and clothing.

("An elephant never forgets and you'll never forget your elephant balloon," MapleStory.)

MapleStory, developed by Wizet, is available for PC with a free download.

"Wizards of the Coast created some of the worlds most popular brands as the leader in the role playing, trading card game and tabletop strategy games," said Min Kim, director of game operations at Nexon America. "MapleStory's extraordinary world and rich characters gives Wizards of the Coast a distinctive establishment to build the next great trading card game."

MapleStory's innovative cash shop allows players the option of using real currency to pay for bonuses in the game such as the haircuts and clothing. The clothing is purely optional of course and players can try on the clothes in a virtual world before purchasing.

                                        ===================

(TOPPS TWO SPECIAL SETS FOR CLEVELAND NATIONAL)

Topps has two special sets going at the National this week in Cleveland; both featuring Cleveland players. The first is an Allan & Ginter series featuring seven cards. Among them are Brady Quinn, Ted Ginn Jr., Greg Oden and Grady Sizemore.

(Brady Quinn is one of the A&G style cards in the set.)

The other is a VIP Cards That Never Were Set. Among them are a Roberto Clemente Future Star card and a Roger Maris RC from 1957 in Cleveland. Maris actual RC is a 1958 card. Mantle, Feller and Berra are also part of the five card set.

Wrapper redemption programs where collectors turn in three Topps wrappers for the A&G cards while a four card cello pack will be given to fans purchasing the VIP Pass. Trading should be hot and heavy as there are four cards in the pack and five cards in the set.

            

                            =====================

(AMAZON MAY JOIN PAYPAL AND GOOGLE WITH NEW PAYMENT SYSTEM)

A rumor is floating in the blogging world which indicates within a week or maybe sooner Amazon may be offering it's own counter payment program to battle PayPal and CheckOut. Amazon, arguably the world's biggest on-line etailer evidently has a program which while not up to PayPal in ease, is pretty close and ready to roll out.

PayPal is one of the most successful world wide ventures and innovative programs which revolutionized the Internet. The payment system is accepted nearly everywhere in the world and the European Union just recently gave the system a banking license to basically open a European Bank of PayPal. It is owned by eBay.

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