Judge lifts TRO filed by Topps, CMG against Upper Deck

A judge in Indianapolis dissolved a temporary restraining order against Upper Deck Wednesday, clearing the way for the remainder of the company’s SP Legendary Cuts Baseball product to reach the market.

The TRO was issued June 10 in conjunction with a lawsuit filed June 9 by Topps and celebrity licensing entity CMG Worldwide. The suit claimed Upper Deck wrongfully used images and names of select players whose rights are licensed to Topps via an exclusive agreement with CMG Worldwide.

To comply with the TRO, Upper Deck had asked its distributors to halt delivery of its SP Legendary Cuts Baseball product, which was scheduled to arrive in stores June 11. However, the cards had already been shipped to hobby stores with direct accounts and some distributors who utilize two-day shipping had already sent the product to meet the scheduled street date.
As a result, some product had reached the marketplace, while the rest was sitting on loading docks of the company’s authorized distributors.

“It’s a great victory for us to be able to get 2008 SP Legendary Cuts Baseball into the market for our collectors,” said Tim Muret, Upper Deck’s VP of sports cards and memorabilia.