Law of Cards: Upper Deck Files for Jambalaya and Quantum Trademarks

Law of Cards: Upper Deck Files for Jambalaya and Quantum Trademarks

They year of the trademark continues.

March was busy for Upper Deck at the Trademark Office. In early March, it filed trademark applications for GREATS OF THE GAME, LEGENDARY, PRECIOUS METAL GEMS and LIMITED LOGOS. To round out the month, it filed two more: this time for QUANTUM and JAMBALAYA.

The details of these new filings are below:

Word Mark QUANTUM
Goods and Services IC 016. US 002 005 022 023 029 037 038 050. G & S: trading cards
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85891046
Filing Date March 30, 2013
Current Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) The Upper Deck Company, Inc. CORPORATION NEVADA 2251 Rutherford Road Carlsbad CALIFORNIA 92008
Attorney of Record Pollie Gautsch, Esq.
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

 

Word Mark JAMBALAYA
Goods and Services IC 025. US 022 039. G & S: trading cards. FIRST USE: 20070313. FIRST USE IN COMMERCE: 20070313
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85891048
Filing Date March 30, 2013
Current Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) The Upper Deck Company, Inc. CORPORATION CALIFORNIA 2251 Rutherford Road Carlsbad CALIFORNIA 92008
Attorney of Record Pollie Gautsch, Esq.
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

What's interesting about these filings is that while they cover the words QUANTUM and JAMBALAYA, they hint at card shapes different from the standard 2 ½ by 3 ½ inch cards.

Jambalaya dates back to Fleer/SkyBox in the 1990s. Given the Jambalaya cards unique oval shape and glossy metallic background (I'd say prismatic-ish background, but don't want to get sued by Leaf), they're some of the most popular basic inserts ever.

More recently, Upper Deck has used Jambalaya cards as cornerstones in its Fleer Retro sets, even those that aren't basketball and have nothing to do with "Jam."

Of note, it has evolved to Slambalaya for 2013 Upper Deck Tiger Woods Master Collection.

The QUANTUM filing, on the other hand, is an "intent to use" application (legal translation: meaning it's for a future product). However, if you comb through eBay, there are some older Upper Deck Quantum cards for sale, most of which are die-cuts of various shapes.

These two new trademark filings are tame compared to Upper Deck's LEGENDARY and LIMITED LOGOS filings. They don't hint at potential future legal skirmishes. Rather, they reference a more peaceful time when trademark filings covered a company's products and nothing more.

Of course, I could be wrong. Did another manufacturer just roll out a Quantum or Jambalaya product? If so, watch out!

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 Browder Gianaris Angelides and Barnerd LLC 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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