Monday, March 22, 2010

Upper Deck: No Evidence of Collector Confusion

Thanks to Upper Deck's website re-directing you to the complete MLBP vrs. Upper Deck Company court documents, we have these excerpts:  

MLBP has proffered absolutely no tangible evidence of consumer confusion - whether in the form of actual instances of confusion among consumers or consumer survey evidence. In contrast, the record contains evidence strongly suggesting that consumers understand perfectly well that Upper Deck's 2010 Series are NOT licensed by MLBP. Even assuming MLBP could establish that there is confusion among consumers as to whether MLBP sponsors or approves of Upper Deck's 2010 Series, MLBP has not shown that is is Upper Deck's use of player photographs that is the cause of that confusion. In fact, to the extent consumers are confused at all, one likely source of confusion as to sponsorship or authorization could arise from the fact that many consumers do not understand the difference between the Players Association and MLBP. It would be perfectly logical for consumers unfamiliar with the intricacies of baseball licensing practices to assume that products bearing the images of professional baseball players and officially authorized by "Major League Baseball Players Association" are also authorized or approved by MLBP.

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