Monday, March 22, 2010

Upper Decks Argument: Players Association, "Highlight Agreements" and Derek Jeter

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

6. As they have been for many years, Upper Deck's baseball products released in 2010 are officially licensed by Major League Baseball Players Association (the "Players Association"). Under the terms of this agreement, Upper Deck is entitled to use the images and likenesses of professional baseball players on and in connection with its 2010 baseball card offerings. The Players Association license also permits Upper Deck to use facsimile signatures of certain baseball professionals on and in connection with its products and packaging.


7. In addition to its license with the Players Association, Upper Deck has obtained what is known as "highlight agreements" which individual players, which enables Upper Deck to obtain these players' original signatures for use in connection with its trading cards.


8. Finally, Upper Deck has exclusive spokesman agreement with Derek Jeter that gives Upper Deck the exclusive rights to use Derek Jeter's image on its packaging or his signature on its trading cards. Not surprisingly, Upper Deck has chosen to make the most of this important exclusive arrangement by repeatedly featuring an image of Derek Jeter on the packaging of its most important product of the year, Upper Deck Series 1.

Michael Bernstein - Senior Counsel - Upper Deck

http://docs.justia.com/cases/federal/district-courts/new-york/nysdce/1:2010cv00732/357850/12/

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