Can Upper Deck survive Topps’ lawsuit?

While I am not anything close to an “insider” when it comes to The Hobby, one has to wonder just how much the Upper Deck Company can handle during these already uncertain times.

Not only did they lose their most valuable asset (Yu-Gi-Oh), but in the last few months their new releases have not exactly been a huge success (Spectrum, A Piece of History, SPx).

When I first caught glimpse of the O-Pee-Chee inserts in 2009 Upper Deck I knew some collectors would not be pleased. What I did not know at the time is that Upper Deck owns the rights to O-Pee-Chee and is entitled to produce what they want. Isn’t that the whole point of owning a brand?

My personal opinion is that these cards look fantastic and while the tactic involved is a little underhanded, one would think it is perfectly legal. Still, using the O-Pee-Chee brand as an entire upcoming release might have been the straw that broke the camel’s back for Topps.

Seriously though, is this any worse than Upper Deck Vintage?

*UPDATE*

Upper Deck Scores Legal Victory Against Topps

Sports Card Company Firmly Denies Topps’ Allegations of Any Wrong-Doing

The Upper Deck Company won a legal victory today when a New York judge denied a Temporary Restraining Order sought by Topps to prevent the release of 2009 Upper Deck Series Two and 2009 O-Pee-Chee baseball card products.

Yesterday, the Topps Company filed a lawsuit against Upper Deck claiming copyright infringement. Upper Deck strongly denies the allegations and did, in fact, do its due diligence when researching, clearing and securing approvals to use the card designs. Upper Deck received necessary legal approvals and proper protocol was followed to ensure there were no infringements.

“Based on the tactics utilized by Topps thus far, Upper Deck questions the validity of this claim,” said Bernd Becker, Upper Deck’s vice president of Trading Cards. “We strongly disagree with the allegations. In today’s challenging economic environment, it seems petty and counterproductive to file such a frivolous suit.”