Law of Cards: Schedule Released for Beckett v. The Card Collector

Law of Cards: Schedule Released for Beckett v. The Card Collector

Much to my surprise, the Beckett v. Custom Plush Production Inc.'s (aka The Card Collector) case is still plugging along.

This is the case where Beckett alleged The Card Collector accessed Beckett's pricing guides through the Beckett website and unlawfully "scraped" Beckett's copyrightable checklist and pricing data. Allegedly, The Card Collector offered Beckett's card checklists, grading and pricing data on its own website and through a CD-ROM it sold to others. The Card Collector denied Beckett's allegations and filed a counterclaim for attorneys' fees. The Card Collector also contends that Beckett's checklist and pricing data is not copyrightable.

I initially believed this case would wrap up quickly.

It hasn't.

In fact, if you believe the parties' jointly filed proposed schedule, it might continue until next summer.

While most of the parties' proposed dates are boring (who cares when experts need to be disclosed), the interesting dates are March 27, 2015 (when the parties will file dispositive motions that will give us good insight into each party's evidence) and a proposed trial date of July 18, 2015.

While it might appear from the outside that this case is moving slowly, it's actually a fast schedule. With trial less than a year away, there's a lot for the parties (and their hourly billable attorneys) to do such as collect evidence, review the other side's evidence, conduct depositions, hire experts, prepare dispositive motions, prepare expert reports, prepare for trial, etc.

All of this will cost a lot.

Given this, regardless of the parties' posturing, this case should wrap up well before trial. There's not enough money to justify the fees and expenses to take this one to trial. And although there is a chance either side could win attorneys' fees…that's normally a long shot.

The schedule does consider a best chance for this case wrapping up on April 25, 2015, when the case is scheduled for "further settlement negotiations." This'll likely take place with a third-party mediator, who, if this case is still mistakenly going on this long, should hopefully grind on both parties and convince them to settle.

It should settle before then, however. Hopefully by November, which will give both sides a few months of attorneys' bills to pay.

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, Simmons Hanly Conroy 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 Simmons Hanly Conroy. 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 has litigated complex and intellectual property actions for over 18 years. 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 card collector. He's also the author of the novel Gastric Bypass, available for purchase at Amazon. Paul can be found on Twitter @Paul_Lesko and Google+.

User Comments

  1. Just another reason I hate Beckett and will never use them again. Pissing off the hobby.

  2. was there final resolution to this? I was a CPP software user and now I see the website thecardcollector.com redirects to Beckett.com Am I now stuck with 55,000 cards in this software that I’m not in orphaned status??? thanks

  3. Same question here Beckett said they have taken over the software but no support, no updates, and no way to input into their organize software

  4. The card collector software was the best on the market and had ease-of-use. This software originally came out way before beckett had their online software. I have been a user since 1995. I have almost 500,000 cards in my inventory. If beckett would support this and allow me to transfer my collection over to their software with ease; then it would be ok. I also technically do not care about pricing; and still utilized Beckett for this information. It was just a better user-friendly system to enter your collection. I beg you Beckett; please work something out. You state that you have a deal for The Card Collector users; but this does not link anywhere. Can you explain your deal???

  5. Hi, iam a baseballcard collector from Germany and using the card-collector software since years.
    Now, I have the same Problem like you. This is a shame. CC was much better than Beckett and still is.
    Is there any movement? Another Program or Beckett is trying to use CC?

  6. Couls somebody send me the last update? Please?

  7. any update on this issue?

    thanks

  8. same problem have 500,000 cards on the program just sandy can come out ok on this and get started back again. does anybody know how to get in touch with sandy in texas. let me know jim jbose2015@aol.com

  9. I have used the Card Collector Software since it originated. Beckett has been trying to corner the hobby for many years!!! Every year that passes they come up with some other trick to pull on the public. I have not used Beckett Magazines since the mid 90s. I use the Card Collector Software daily to this day though my last update only has pricing to 2009. I add all sets I am collecting by using the card manufacturers check list to add each set each year. Pricing, if your educated on sports cards at all is not very hard to determine with research. I add my own pricing. I do not understand why some are saying the can not access their cards on their card collector software. I have no issues at all. I just download my last disk purchased from TCCS with each PC I purchase thru the years. Simple to save to a file. This topic of Beckett VS TCCS is a sickening and I fail to see how any normal minded Judge could even believe that Beckett has any rights to any pricing of sports cards. The public sets the prices of products not any magazine publisher for goodness sake!! For those who believe that Beckett is not trying to corner this market just see how many other sports card publications they have purchased in the past and then you will finally understand what they have been doing for years and getting away with it. I would not put it past them to pay off the judges!

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