Law of Cards: Topps Joins Leaf in Opposing Panini's LIMITED Mark

Law of Cards: Topps Joins Leaf in Opposing Panini’s LIMITED Mark

Today is my first day back in the office from the Industry Summit. Since my flight landed at 9PM last night, I decided to ease my way into the shortened work week by arriving at the crack of 9:30AM. Armed with a large hot chocolate and chocolate brownie for breakfast, I jumped right into the work day by perusing what happened in the trading card world while I was gone.

Nothing should have happened. Everyone was supposed to be at the Summit. So, I figured this would be a three-minute pause before beginning actual work.

But, something did happen in the trading card industry.

Just before they boarded their flight on the way to the industry Summit, Topps joined in the "Limited" battle by filing an opposition against Panini's LIMITED trademark application.

Now, I predicted this would happen back in January. In fact, I wrote:

Mark your calendars. Unless the Trademark Office backtracks (it won't), by March 21, 2013, at least one trading card company will file an opposition action with the Trademark Trial and Appeal Board to knock out Panini's LIMITED trademark application.

Leaf was the first out of the gate to challenge the LIMITED mark on Feb. 25. And then, on March 15, Topps filed its own separate opposition.

Legal translation: If Topps and Leaf are on the same side of an issue, it's an important issue for the industry.

Since we have Leaf and Topps v. Panini, I guess we can start calling this "World War Limited" or "the Limited World War" or "World War LTD." TM by Paul Lesko. Of course.

Panini's response to Topps' opposition is due on April 24. Panini's response date to Leaf's opposition is technically due April 6. Most likely, both of these dates will be extended or coordinated, so it'll take a few weeks to see what Panini's initial positions are in these cases.

Now, seriously, I better get back to work. Or else my boss will tell me that due to the "limited" amount of actual work I've done today, maybe I just should have just stayed in Las Vegas and sit in on another fine German buffet.

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.

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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+.

User Comments

  1. “Fine German buffet” :)

    You can say all the nice things you want, someday. .. sometime your dinner photos might get out there. Lol

    Great hanging with you guys!

  2. Just wait, next year it’s Karoake…and then we’ll post the videos!

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