MLB PLAYERS SUE STEINER -- "COUNTERFEITING"
VOLUME 2, NUMBER 203
**HOT**BUTTON**STORY**
(The Cup or Trilogy? Redemption or Exemption?)
** MLB PLAYERS SUE STEINER SPORTS
** BRAND VS. BRAND REDEMPTION
** UPPER DECK REPORTEDLY LAYS OFF 50
** PSA RECORD TURNAROUND?
** NEW EBAY RULES GO INTO EFFECT AND TEST
** BOB BOVE LEAVES PRESS PASS
** TEXAS HALL OF FAME NAMES AUTHENTICATOR
Details on these and other stories in today's TBR: The Brill Report...
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(MLB PLAYERS SUE STEINER SPORTS OVER LICENSING)
In an unprecedented move, the Major League Baseball Players Association filed in suit against one of the nation's biggest memorabilia dealers charging trademark infringement and counterfeiting of the trademarks. MLBPA sued Steiner Sports in a lawsuit filed late Friday in New York.
(CEO Brandon Steiner with Yankee and MLBPA member, Derek Jeter.)
The lawsuit charges Steiner sold items "purportedly bearing the signatures of more than a dozen members of the Boston Red Sox" without a license. And the company is soliciting it's going to sell "dirt from the infield of Yankee Stadium" framed and mounted on a plaque bearing the name of a player.
The suit says Steiner did have a license to sell MLBPA images but did not renew the license when it ran out in December 31, 2005. Players wants a lot in return and usually when Players takes this kind of action they don't renew licenses again -- at least not without going through a considerable painstaking process.
MLBPA, one of the toughest unions in the world, is seeking a court order barring Steiner from using it's trademarks, confiscation of all items bearing the trademarks and $1 million in damages in addition to any punitive damages.
An email request for comment from Steiner was not returned by publication time. Steiner calls itself the leading memorabilia dealer in the country and indeed it likely is.
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(THE REDEMPTION GAME, BRAND VS. BRAND?)
Dave Moores of Toms River, New Jersey, has spent $20,000 trying to complete the Upper Deck Trilogy Hockey Master Set. You read it correctly, and so did his wife he jokes; $20,000. The trick is he's not even finished being 34 cards away from completing the set. Two things irk the local business owner; first he can't get a complete card by card checklist from UD and second he had to buy a card he had not chance of getting via opening Trilogy packs.
Moores went on line to find a Mario Lemieux signed patch card numbered to 5. He found no. 1/5 and bought it. The owner said he got it as a redemption card from UD for a card from Sweet Spot.
"He got it directly from Upper Deck as a redemption replacement and he didn't even buy Trilogy," Moores told The Brill Report. "I cracked thousands of dollars worth of Trilogy hoping to get that card for my set and now I learn it wasn't even in the product."
(Moores broke lots of cases of Trilogy and not set.)
Moores called UD and the company confirmed the story. This particular card fell into the numbers mix.
"We routinely open product at the beginning, middle and end of runs to ensure there are no issues with damage, collation, insert ratios etc.," UD official Chris Carlin told TBR. "Cards are then transfered to our quality assurance and redemptions for customer service situations."
When we questioned Carlin as to why key cards from one "live" brand should be used as redemption fillers for a different brand, he said it's a numbers game. He added redemptions and customer service issues are not easily resolved.
"I would think collectors and shop owners would be happy to know we open product throughout the run to make sure there are no issues," Carlin added. "There have been times in the past we found problems and were able to take card of it before the product got into the market."
Carlin, UD's Hobby Marketing Manager, added it's UD's mission to get the cards into the hands of collectors.
"We use these cards to to provide customers with the premium service they would expect from a company that provides premium products," he said. "We would love to replace cards with cards from the same brand but given the nature of our products and cards this is not always possible."
The UD official said the company does not have a huge inventory of these cards as replacements and in July he hopes to roll out a program which will work to eliminate redemption cards -- which everyone would love.
Moores would just like to complete his Master set, without spending too much more than his already invested $20K. He's still not happy about the situation but said much would be forgive, "if Upper Deck would at least give me a check list of all the cards in the product." He's found cards on the Internet which were not listed on the available UD checklist.
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(UPPER DECK REPORTEDLY LAYS OFF 50 EMPLOYEES)
Several sites report getting confirmation from those involved Upper Deck Entertainment laid off 50 people last week. UDE has several properties including World of WarCraft but with Yu-Gi-O taking a back seat these days, the highly competitive world of gaming is getting tougher.
UD runs Yugi tournaments in its new retail store in Orange County, California and its not sure if the layoffs involved key players in the game. A spokesman for Upper Deck did not deny the layoffs but would only say since the company is privately held it doesn't comment on matters dealing with personnel, or layoffs.
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(PSA RECORD TURN AROUND?)
We haven't gotten the cards back yet as of this writing but if the record and email are correct PSA has set a record of sorts. This collector sent 215 cards to PSA last week for Bulk Grading. Bulk Grading, by the PSA form takes 45 days. We got an email earlier this week saying the cards were graded and shipped. They received them 5/12 and graded 199 of them and then shipped them out on 5/16.
If this is correct it's a record turnaround. Did anyone else send in any cards last week? or, did PSA hire a ton of new folks? Either way we are not complaining.
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(EBAY RULES KICK IN THIS WEEK AND TEST CASE FOR AUSTRALIA)
Australia is the test market for what many see as a plan to force eBayers to use PayPal and just about only PayPal in the future. The test is taking place down under but not without protest. The new rules for eBay Australia call for buyers to pay by PPal only. There is a call to test this in the Australian courts but so far no word on where it is going at this point.
The fear of course is if it works, where will eBay test it next? PayPal is owned by eBay and it seems only natural for eBay to force more use of the Internet payment system. eBay says it is a way to avoid fraud in it's system but sellers, a suspicious lot by nature, aren't buying it. Some are saying the company is creating an on-line monopoly.
eBay already prohibits Google's on-line payment system as well as cash payments. It is also forcing sellers to take PayPal as a condition of membership. In the UK recently eBay forced the PayPal issue but is not banning other forms of payment.
Another move by eBay kicks in this week; the no negative feedback rule for buyers. As of this week eBay will not allow sellers to leave negative feedback for buyers, although buyers may indeed continue to leave negatives for sellers. This double whammy has a lot of sellers angry. The eBay explanation is there were too many retaliatory feedbacks left by sellers.
This occurred when a buyer left a negative and in response to the negative the seller would also leave a negative for the buyer. This would occur whether the buyer properly completed the deal or not. eBay said to avoid this it would eliminate the opportunity for sellers to blast buyers. As far as sellers are concerned the chance to leave negative feedback leaves them open to unwarranted criticism from buyers.
Sellers also say they may refuse to leave positive feedback in protest since they cannot leave negative feedback when warranted.
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(ANOTHER GOLDEN TICKET FOUND SAYS UD)
A doctor from Warren, New Jersey claimed the third Golden Ticket issued by Upper Deck after he broke a box of UD Basketball SP Rookie Edition. Dr. Thomas Haveron, a long time collector, pulled the winner and wasn't sure whether he should call Upper Deck or Beckett. Either way UD got the information.
(Upper Deck has it's own version of Willie Wonka)
The Dr. will be entered into a contest for the "Exquisite Experience," which offers collectors an opportunity to create their own Exquisite box/pack of high end trading cards. So far three of the five tickets have been pulled but the deadline is May 23 when the winner will be drawn.
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(BOB BOVE LEAVES PRESS PASS)
With little fanfare long-time executive Bob Bove is leaving Press Pass. Bove, will remain part owner but will no longer have an active role. Bove helped found the company with Victor Shaffer back in the early 1990's and remained with the company after it was sold to what became known as RC2 Corporation. It was later sold again.
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(TEXAS HALL OF FAME NAMES AUTHENTICATOR)
Prova Group, Inc., is the new authenticator for the Texas Sports Hall of Fame. The Prova Group, based in Irving, Texas, will authenticate all signings and use it's own holographic system to mark and track items and secure them for the HOF.
"With counterfeiting in the sports memorabilia industry, we were compelled to find an authenticator with the most secure system available," said Steve Fallon, executive director of the Texas Hall. "Prova's digital technology-based system offers unmatched efficiency and security that reaches beyond traditional paper certificates which are offered in the market today."
When a collector purchases something from the Texas HOF it will come with a secure radio frequency ID tag creating a footprint with all the appropriate data. It can later be used to verify the item.
"Our technology provides a simple and secure authentication method that gives collectors, fans and athletes the peace of mind that their sports memorabilia and autographs are genuine and cannot be manipulated, mimicked or discredited," said Charles Humphreyson, CEO of Prova Group. "As long as the item carries a Prova tag they can be assured of the authentication of their signed jersey, limited edition or other collectible."
Prova will oversee private and public signings at the Texas Hall of Fame.
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