MLB Properties Sues Upper Deck for Breach of Contract

MLB Properties Sues Upper Deck for Breach of Contract

Any chance that 2012 would be a slow year for lawsuits in the trading card industry has been thrown out the door. Within the last two weeks Topps, Leaf and Panini have all found themselves involved in new lawsuits.

Now Upper Deck has been added to the mix. Yesterday, the manufacturer was sued for breach of contract by Major League Baseball Properties, Inc. (MLBP).

MLBP notes, in a very short complaint, that to settle the last tussle between these two companies, UD agreed to pay more than $3 million. MLBP alleges that the card maker paid just about everything it owed, but not quite. As of June, 2011, UD still had an alleged outstanding balance of $265,824.92. Also, MLBP alleges that Upper Deck made some payments late, so it wants interest on those payments.

Read the full court documents.

This case sounds pretty boring, but this filing marks a milestone. Before the third month of 2012 even started, just about every major card company found themselves embroiled in new court battles.

Congratulations trading card industry! 2012 is not the Year of the Dragon. It’s the Year of the Lawyer!

Now, I have a favor to ask. Everyone, please stop suing each other. I have a day job that I neglect to write these articles. Let me catch up on my work. Please.

The information provided in Paul Lesko's "Law of Cards" column is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered in the sports industry. This information is not intended to create any legal relationship between Paul Lesko, the Simmons Browder Gianaris Angelides & Barnerd LLC or any attorney and the user. Neither the transmission nor receipt of these website materials will create an attorney-client relationship between the author and the readers.

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Paul Lesko is a shareholder at Simmons Hanly Conroy and the chair of its Intellectual Property Department (http://www.simmonsfirm.com). Don’t hold the fact that Paul is a lawyer against him, he’s also a rabid baseball and college basketball fan, and an avid baseball card collector. Paul can be found on Twitter @Paul_Lesko and Google+.

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