MLB Hits Upper Deck With Baseball Card Trademark Suit

Law360, New York (February 3, 2010, 5:07 PM EST) -- The Upper Deck Co. LLC has swung back at efforts by Major League Baseball's licensing arm to bar the memorabilia company from depicting professional players in uniform on baseball trading cards, saying Major League Baseball Properties Inc. is unlikely to succeed on the merits of its breach of contract and trademark infringement claims.

Upper Deck says in an opposition brief filed Wednesday in the U.S. District Court for the Southern District of New York that its alleged use of MLB trademarks is nominative fair use and...
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