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#1 |
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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. |
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#2 |
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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
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#4 |
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I don't remember much from the 80's...
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#6 |
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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?
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#7 |
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I remember buying cheap paper thin 81 Donruss cards. They had the worst gum.
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#8 |
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i was so high on candy back then
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#9 |
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Stop showing off!
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#10 |
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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....
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#11 |
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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! |
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#12 |
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#13 |
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You're just a kid still. I was 7 in '81.
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#15 |
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I was -17, so unfortunately, I don't remember this event.
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#16 | |
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#17 |
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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. |
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#18 |
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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.
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#19 | |
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And 2016 Topps Now
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#20 |
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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.
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#21 |
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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. |
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#22 |
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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. |
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#23 |
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'Member the 80's? 'Member?
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#24 |
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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!
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#25 |
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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.
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