Blowout Cards Forums
AD Heritage

Go Back   Blowout Cards Forums > BLOWOUTS HOBBY TALK > BASEBALL

Notices

BASEBALL Post your Baseball Cards Hobby Talk

Reply
 
Thread Tools Display Modes
Old 05-08-2017, 06:56 PM   #1
Prenticles
Banned
 
Join Date: Sep 2016
Location: Somewhere where you can get free shipping to the Continental US
Posts: 1,513
Default Do you remember...1981?

One of the biggest court trials in this hobby took place...Fleer Corp. Vs. Topps Chewing Gum Inc. 1980.


This trial changed the hobby forever. Do you remember it and what do you think? Court link below


FLEER CORP. v. TOPPS CHEWING GUM, INC. | 501 F.Supp. 485 (1980) | Leagle.com.



AND NOW, to wit, this 10th day of July, 1980, in accordance with the Findings of Fact and Conclusions of Law entered in the above-captioned case on June 30, 1980, it is hereby Ordered as follows:

1. Defendant Topps Chewing Gum, Inc., is permanently enjoined from:

a. enforcing or threatening to enforce in any court or in any other manner the exclusivity clause in its form contract with major league baseball players;

b. entering into or seeking to enter into any contract with any major or minor league baseball player which reserves to Topps any exclusive right to sell that player's picture in any form or in combination with any product; Does this remind you of anything?

c. entering into, amending, or seeking to enter into or amend any contract with any major or minor league player so as to expand or enlarge the scope of the rights now held in its form contracts with major and minor league baseball players;

d. entering into any renewals of its form contracts with any major or minor league player for longer than two years at a time;

e. enforcing or threatening to enforce in any court or in any other manner the term in its form contracts with major and minor league players and/or with the Major League Baseball Players Association, reserving to Topps the right of first refusal as to the marketing of any product.

2. Defendant Major League Baseball Players Association shall:

a. give careful consideration to any applications it receives from persons or companies seeking licenses to market baseball cards;

b. before January 1, 1981, grant at least one license (under its group licensing program) to market a pocket-size baseball card product, to be sold alone or in combination with a low cost premium, in packages priced at 15 to 50 cents, which license shall include the right to use the name and picture of every member of the Major League Baseball Players Association who has signed a commercial authorization contract;


c. grant at least one group license (such as is described in paragraph 2b, supra.) to the Fleer Corporation, if the Fleer Corporation, before January 1, 1981, matches any final offer for a group license made by any person or company (in the event that no offers are received from persons or companies other than the Fleer Corporation, the Fleer Corporation shall nevertheless be granted such a license on whatever terms the Major League Baseball Players Association can negotiate under the circumstances);

d. consider granting as part of any group license granted under paragraph 2b, supra, the right to sell baseball cards alone (subject to any proceedings conducted under paragraph 2e, infra.)
e. advise the Court within ten days of the date of this Order whether the Major League Baseball Players Association will, under the terms of its commercial authorization contracts with its members, exercise the rights to consider applications for licenses, and to license any company to sell baseball cards alone or in combination with gum, candy or confection;

f. maintain at least one group license (such as is described in paragraph 2b, supra.) in effect for every baseball season in which the Major League Baseball Players Association conducts its group licensing program.

3. Defendant Major League Baseball Players Association is permanently enjoined from:

a. considering any revenue either it or its members derive from its royalty contract with Topps Chewing Gum, Inc. (trial exhibit P-1), in deciding what group licenses to grant under paragraph 2b, supra;

b. entering into any exclusive licensing agreement for the sale of baseball cards, except that it may grant exclusive licenses (exclusive in the sense that they may be the only ones of their kind issued by the Major League Baseball Players Association) to sell baseball cards with carefully and specifically described premiums in such a manner as not to vest in any company or companies the exclusive right to sell baseball cards with any general type of premium, including, but not limited to, bubble gum, chewing gum, candy or non-confectionary items.

c. entering into any contract or licensing agreement whether designated "exclusive" or otherwise, which would diminish any non-exclusive rights held by Topps Chewing Gum, Inc.
Prenticles is offline   Reply With Quote
Old 05-08-2017, 07:09 PM   #2
TarjetasBéisbol
Member
 
Join Date: Feb 2013
Location: NOVA
Posts: 10,891
Default

I think this only solidified Topps place in the hobby because Fleer and Donruss are long forgotten. Sure, Fleer and Donruss had their run and maybe opened up the card market for a time period but Topps sure is putting out a crazy amount of sets now.

We went from this...

1980
Sets

1980
1980 Kellogg's
1980 O-Pee-Chee
1980 Topps
1980 Topps Burger King Phillies
1980 Topps Burger King Pitch, Hit, & Run
1980 Topps Pepsi
1980 Topps Super

To this...

2016
Sets

2016
2016 Bowman
2016 Bowman's Best
2016 Bowman Chrome
2016 Bowman Draft
2016 Bowman Inception
2016 Bowman NSCC
2016 Bowman Platinum
2016 Diamond Kings
2016 Donruss
2016 Donruss Optic
2016 Finest
2016 National Treasures
2016 Panini Elite Extra Edition
2016 Panini Flawless
2016 Panini Immaculate
2016 Panini Pantheon
2016 Panini Prime Cuts
2016 Stadium Club
2016 Topps 1951 NSCC
2016 Topps All-Star FanFest
2016 Topps Allen & Ginter
2016 Topps Archives
2016 Topps Archives 65th Anniversary
2016 Topps Archives Signature Series All-Star Edition
2016 Topps Archives Snapshots
2016 Topps Bunt
2016 Topps Chrome
2016 Topps Chrome Update
2016 Topps Dynasty
2016 Topps Five Star
2016 Topps Gold Label
2016 Topps Gypsy Queen
2016 Topps Heritage
2016 Topps Heritage Minor League
2016 Topps High Tek
2016 Topps Holiday
2016 Topps Industry Summit
2016 Topps Legacies
2016 Topps Marketside
2016 Topps Museum Collection
2016 Topps National Baseball Card Day
2016 Topps New Era
2016 Topps Opening Day
2016 Topps Pro Debut
2016 Topps Sapphire Chrome Factory Set
2016 Topps Series One
2016 Topps Series Two
2016 Topps Strata
2016 Topps The Mint
2016 Topps Tier One
2016 Topps Transcendent
2016 Topps Tribute
2016 Topps Update
2016 Triple Threads
__________________
De oppresso liber - RLTW
"The Mexicans taught me that trick", "Let me be very clear, crystal clear"
TarjetasBéisbol is offline   Reply With Quote
Old 05-08-2017, 07:11 PM   #3
jmscoggin
Member
 
jmscoggin's Avatar
 
Join Date: Sep 2012
Location: TX
Posts: 21,444
Default

I was 5 so ... no, no I don't.
__________________
https://www.hofautographcollector.com/
jmscoggin is offline   Reply With Quote
Old 05-08-2017, 07:11 PM   #4
moosetequila
Member
 
Join Date: Mar 2017
Location: Cali
Posts: 9,547
Default

I don't remember much from the 80's...
moosetequila is offline   Reply With Quote
Old 05-08-2017, 07:13 PM   #5
ArsonCuff
Member
 
Join Date: Jul 2010
Location: Texas
Posts: 2,456
Default

I was not born yet. 1982 though, that was a year to remember.
ArsonCuff is offline   Reply With Quote
Old 05-08-2017, 07:19 PM   #6
dashcol
Member
 
dashcol's Avatar
 
Join Date: Dec 2011
Location: It's complicated
Posts: 7,710
Default

I am by no means a legal expert, and really don't understand why these things need to be written so confusing.

The way I understand this, the current Topps license is contrary to this. This never gives an end date to where MLBPA has to give rights to other manufacturers.

The only exclusive that I see that might be what they are using is they can sign exclusively with one company for MLBPA to "issue" cards. Where does it say that no one else can use team logos?

Again, this confuses me, can someone explain why another company can't use the images?
__________________
“A life is not important except in the impact it has on other lives.” Jackie Robinson
“Never let your head hang down. Never give up and sit down and grieve. Find another way.” Satchel Paige.
dashcol is online now   Reply With Quote
Old 05-08-2017, 08:09 PM   #7
rats60
Member
 
rats60's Avatar
 
Join Date: Oct 2013
Posts: 9,957
Default

I remember buying cheap paper thin 81 Donruss cards. They had the worst gum.
rats60 is offline   Reply With Quote
Old 05-08-2017, 08:15 PM   #8
koal
Banned
 
Join Date: Oct 2012
Posts: 1,851
Default

i was so high on candy back then
koal is offline   Reply With Quote
Old 05-08-2017, 08:16 PM   #9
TarjetasBéisbol
Member
 
Join Date: Feb 2013
Location: NOVA
Posts: 10,891
Default

Quote:
Originally Posted by jmscoggin View Post
I was 5 so ... no, no I don't.
Quote:
Originally Posted by ArsonCuff View Post
I was not born yet. 1982 though, that was a year to remember.
Stop showing off!
__________________
De oppresso liber - RLTW
"The Mexicans taught me that trick", "Let me be very clear, crystal clear"
TarjetasBéisbol is offline   Reply With Quote
Old 05-08-2017, 11:02 PM   #10
mfw13
Member
 
Join Date: Feb 2009
Location: Seattle, WA
Posts: 17,307
Default

Love the 1981 Topps design with the team hats.....extremely puzzled that Topps has not used this design for Archives yet, especially since they've used the 1980 and 1982 designs twice....
mfw13 is online now   Reply With Quote
Old 05-08-2017, 11:14 PM   #11
base set
Member
 
Join Date: Jul 2013
Location: NW Michigan
Posts: 9,421
Default

It was awesome. 3 sets were better than 1, no question.

Plus Fleer flubbed out the Error cards all over the place. Sometimes, the corrected cards had to be corrected, iirc. It had been only 2 years since the legendary Bump Wills Error - now every pack of Fleer might hold 2 Error cards at once! C'mon, I think that new box down at the Ben Franklin's is gonna have a Craig Nettles card in it, let's go!
base set is online now   Reply With Quote
Old 05-08-2017, 11:45 PM   #12
cj828282
Member
 
Join Date: Nov 2012
Posts: 13,967
Default

Quote:
Originally Posted by ArsonCuff View Post
I was not born yet. 1982 though, that was a year to remember.
You got that right!
cj828282 is offline   Reply With Quote
Old 05-09-2017, 12:01 AM   #13
goblue138
Member
 
goblue138's Avatar
 
Join Date: Jul 2013
Location: San Diego , Ca
Posts: 2,231
Default

Quote:
Originally Posted by jmscoggin View Post
I was 5 so ... no, no I don't.
You're just a kid still. I was 7 in '81.
__________________
The carpet sweeper is the biggest scam perpetrated on the American public since one-hour martinizing.
goblue138 is offline   Reply With Quote
Old 05-09-2017, 07:07 AM   #14
jmscoggin
Member
 
jmscoggin's Avatar
 
Join Date: Sep 2012
Location: TX
Posts: 21,444
Default

Quote:
Originally Posted by goblue138 View Post
You're just a kid still. I was 7 in '81.
Much respect grandpa.
__________________
https://www.hofautographcollector.com/
jmscoggin is offline   Reply With Quote
Old 05-09-2017, 07:20 AM   #15
Homerun
Member
 
Homerun's Avatar
 
Join Date: Dec 2011
Location: Illinois
Posts: 12,798
Default

I was -17, so unfortunately, I don't remember this event.
__________________
Collector of White Sox autographs and blue refractors.
Blowout Redrafter's Dynasty Fantasy League Inaugural World Series Champion!
Homerun is offline   Reply With Quote
Old 05-09-2017, 07:31 AM   #16
base set
Member
 
Join Date: Jul 2013
Location: NW Michigan
Posts: 9,421
Default

Quote:
Originally Posted by dashcol View Post
I am by no means a legal expert, and really don't understand why these things need to be written so confusing.

The way I understand this, the current Topps license is contrary to this. This never gives an end date to where MLBPA has to give rights to other manufacturers.

The only exclusive that I see that might be what they are using is they can sign exclusively with one company for MLBPA to "issue" cards. Where does it say that no one else can use team logos?

Again, this confuses me, can someone explain why another company can't use the images?
MLB and MLBPA are completely different. The way I understand it, Topps has a license from MLB to use the logos in Topps products. They sign separate agreements with players individually, and do so before the players are even in MLBPA.
base set is online now   Reply With Quote
Old 05-09-2017, 08:43 AM   #17
Bob Loblaw
Banned
 
Join Date: Sep 2010
Location: Spring Training Paradise, FL
Posts: 13,050
Default

base_set basically has it.

This case deals with the MLBPA - - it prevents Topps from barring players from signing any other contracts. This is why there are major leaguers in Panini and Leaf products.

However, the deal that Topps has with MLB is completely different. Exclusive licensing from one company to another is something that happens all the time, and is absolutely not illegal. MLB has agreed to exclusively sell it's rights to Topps and has an agreement for the next 3 years for that. This is why UD was successfully sued by MLB, and eventually stopped printing baseball cards, as well as why Panini and Leaf don't use logos.
Bob Loblaw is offline   Reply With Quote
Old 05-09-2017, 08:51 AM   #18
TCMA
Member
 
Join Date: Dec 2014
Posts: 97
Default

Lets not forget that the first national distributed set to challenge Topps was issued by SSPC/TCMA in 1976. Of course, Topps sued SSPC (and my father) for multiple millions but this lawsuit laid the groundwork for Donruss and Fleer to make their move in 1981. Interestingly, TCMA then became the exclusive distributor of 1981 Donruss.
TCMA is offline   Reply With Quote
Old 05-09-2017, 09:06 AM   #19
Americards
Member
 
Americards's Avatar
 
Join Date: Jun 2013
Location: USA
Posts: 4,714
Default

And 2016 Topps Now

Quote:
Originally Posted by TarjetasBéisbol View Post
I think this only solidified Topps place in the hobby because Fleer and Donruss are long forgotten. Sure, Fleer and Donruss had their run and maybe opened up the card market for a time period but Topps sure is putting out a crazy amount of sets now.

We went from this...

1980
Sets

1980
1980 Kellogg's
1980 O-Pee-Chee
1980 Topps
1980 Topps Burger King Phillies
1980 Topps Burger King Pitch, Hit, & Run
1980 Topps Pepsi
1980 Topps Super

To this...

2016
Sets

2016
2016 Bowman
2016 Bowman's Best
2016 Bowman Chrome
2016 Bowman Draft
2016 Bowman Inception
2016 Bowman NSCC
2016 Bowman Platinum
2016 Diamond Kings
2016 Donruss
2016 Donruss Optic
2016 Finest
2016 National Treasures
2016 Panini Elite Extra Edition
2016 Panini Flawless
2016 Panini Immaculate
2016 Panini Pantheon
2016 Panini Prime Cuts
2016 Stadium Club
2016 Topps 1951 NSCC
2016 Topps All-Star FanFest
2016 Topps Allen & Ginter
2016 Topps Archives
2016 Topps Archives 65th Anniversary
2016 Topps Archives Signature Series All-Star Edition
2016 Topps Archives Snapshots
2016 Topps Bunt
2016 Topps Chrome
2016 Topps Chrome Update
2016 Topps Dynasty
2016 Topps Five Star
2016 Topps Gold Label
2016 Topps Gypsy Queen
2016 Topps Heritage
2016 Topps Heritage Minor League
2016 Topps High Tek
2016 Topps Holiday
2016 Topps Industry Summit
2016 Topps Legacies
2016 Topps Marketside
2016 Topps Museum Collection
2016 Topps National Baseball Card Day
2016 Topps New Era
2016 Topps Opening Day
2016 Topps Pro Debut
2016 Topps Sapphire Chrome Factory Set
2016 Topps Series One
2016 Topps Series Two
2016 Topps Strata
2016 Topps The Mint
2016 Topps Tier One
2016 Topps Transcendent
2016 Topps Tribute
2016 Topps Update
2016 Triple Threads
Americards is online now   Reply With Quote
Old 05-09-2017, 09:14 AM   #20
Bcwcardz
Member
 
Join Date: Jul 2016
Location: West coast
Posts: 1,389
Default

I just bought cards and didnt know the difference. Topps Donruss Fleer was all the same when you are 8. I just wanted Astros cards.

Sent from my SM-T350 using Tapatalk
Bcwcardz is online now   Reply With Quote
Old 05-09-2017, 09:15 AM   #21
smapdi
Member
 
smapdi's Avatar
 
Join Date: Mar 2014
Posts: 1,764
Default

This still echoes today and is why Bowman is such a special product. Topps has always signed players individually for their card rights, no matter what their level, something the other card makers never got. Back when the RC logo was started, Topps and MLB/MLBPA reached a compromise to keep putting out cards of guys nowhere near the majors when other makers could not. Imagine if Topps had to follow the same rules, or other companies could do the same. Either way would have resulted in a very different hobby landscape.

I just got heavily into cards in 1980, when I turned 10. By winter 1980-1981 I was deeeep like only a 10-year-old can be. I still remember seeing the first issue of Baseball Cards magazine on the shelf at a grocery store in the spring of 1981, it was like a whole new world opened up. Not so much because of Fleer and Donruss, which I bought in almost equal amounts with Topps, but the whole hobby was so fascinating and there was so much to learn.

Last edited by smapdi; 05-09-2017 at 09:18 AM.
smapdi is offline   Reply With Quote
Old 05-09-2017, 09:42 AM   #22
TCMA
Member
 
Join Date: Dec 2014
Posts: 97
Default

Here's a question... what if fully licensed cards were available that were not the standard 2 1/2 x 3 1/2? Would you collect them?

Because in reality other manufacturers CAN make cards as long as they have the proper licensing and don't produce them in the standard 2 1/2 x 3 1/2 size. Postcard size for example would work. That's 3 1/2 x 5 1/2 or 4 x 6.
TCMA is offline   Reply With Quote
Old 05-09-2017, 10:42 AM   #23
kyle121592
Member
 
Join Date: May 2010
Location: United States
Posts: 3,407
Default

'Member the 80's? 'Member?
kyle121592 is offline   Reply With Quote
Old 05-09-2017, 11:27 AM   #24
ThoseBackPages
Member
 
Join Date: Feb 2010
Location: Long Island
Posts: 89,657
Default

Sure do.

First full box of baseball cards i ever bought, 1981 Donruss.

Ten bucks at the local Teamo candy store. That was a lot of scratch for a 10 year old lol

Got a Mookie too!
__________________
Pumpers Paradise
#YouCryIBuy
Four things that we cannot change each others minds about:
Politics, Religion, Third Party Grading, and 2021 Bowman's Best Rookie Cards
ThoseBackPages is online now   Reply With Quote
Old 05-09-2017, 11:29 AM   #25
fulltritty
Member
 
fulltritty's Avatar
 
Join Date: Jun 2013
Location: King George, VA
Posts: 77,272
Default

It was my second year collecting baseball cards and my Dad bought me the entire Topps and Fleer sets. Too bad I sold them by 1987.
fulltritty is online now   Reply With Quote
Reply

Bookmarks


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 12:26 PM.


Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2025, vBulletin Solutions Inc.
Copyright © 2019, Blowout Cards Inc.