Law of Cards: The Panini and Topps Heavy Metal Battle May End Soon — or Not

Law of Cards: The Panini and Topps Heavy Metal Battle May End Soon — or Not

The legal battle over Panini's Chromium trademark applications may be heading to a rapid conclusion. Yesterday, Panini asked for more time to respond to Topps' complaint. The reason Panini gave for why additional time is necessary:

"Parties are engaged in settlement discussions"

Legal translation: "We're too busy talking about ending this case to pay attention to the deadlines. How about you move them back?"

If the case does not settle quickly, Panini's filing provides a long, twisting road map detailing how this action will drag on, and on, and on. I mean, the final brief won't be filed until September 8, 2013. And that's before a hearing will be scheduled. That could add up to six more months. And that's before a decision is made after the hearing, which adds another six months. You also have the obligatory appeal that will add a couple more years. And all of this is before either side asks for additional extensions of time (and they will ask for additional extensions of time. It always happens).

So, to put in the obligatory lawyer hedge: Either this case will end quickly, or it'll drag on forever.

But in all likelihood, neither party wants to go down the long road. They are in settlement discussions after all.

It's my bet this case won't make it to September 8, 2012, let alone September, 2013. Heck, I doubt it'll make it to August, 2012. Even though it'll settle confidentially, we'll be able to glean who won because I imagine Panini will file a request with the Trademark Office to abandon its Chromium trademark filings.

Legal translation: In that case, Topps wins.

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.

The views expressed in the “Law of Cards" column are solely those of the author and are not affiliated with the Simmons Law Firm. You should not act or rely on any information in the “Law of Cards" column without seeking the advice of an attorney. The determination of whether you need legal services and your choice of a lawyer are very important matters that should not be based on websites or advertisements.

ebaysmalllogo Image
3311771543064040 1 Image
2013 Topps Chrome-AARON DOBSON-CAMO REFRACTOR Rookie Autographed Card #'d 84 99
$25.33
2308703792664040 1 Image
2009 Topps Chrome Rookie Autographs Johnny Knox
$15.00
3710408462974040 1 Image
2012 Topps Chrome GOLD! Yoenis Cespedes Refractor,.Auto RC
$260.00
2515048863644040 1 Image
Jacoby Ellsbury 2010 Topps Chrome Refractor Autograph MINT
$25.00
1212976425474040 1 Image
ARTHUR JOHNSON 2004-05 TOPPS CHROME REFRACTORS BLACK #215 332 500 SP RC ROOKIE
$10.00
3503638392004040 1 Image
UBALDO JIMENEZ 2007 Topps Chrome REF AUTO Rookie RC 500
$119.99
3608847245064040 1 Image
Montario Hardesty 2010 Topps Chrome Rookie Auto Card #168 Browns
$10.75
3503638413024040 1 Image
UBALDO JIMENEZ 2007 Topps Chrome AUTO Rookie RC Rockies
$95.99
« Previous12345678
 Image
 |  E-Mail | URL
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+.

Leave a Comment: