Thursday, September 17, 2009

Topps names Wax Heaven in lawsuit

Yes, it is true. And a bit of headline journalism that I don't like. Neither Mario nor his site are being sued by Topps, but the site is named in the suit. But it got you to read this, didn't it?

According to the Sports Collectors Daily blog entry posted earlier today, Topps spells out their complaint against Upper Deck and Upper Deck responded in papers filed in US District Court, the Southern District of New York. Topps filed near the end of August and Upper Deck responded on the day after Labor Day.

Okay, how does Mario fit into all of this? On pages 15 and 16 of the Topps complaint...
55. According to one baseball card-related blog site, at, Upper Deck intended to release baseball cards in May 2009 that copy the Topps 1977 Baseball card design. A copy of that web page is annexed as Exhibit M.
58. According to the same blog at, Upper Deck intended to release cards in June 2009 that copy the Topps 1971 Baseball card design. A copy of that web page is annexed as Exhibit N.
I have contacted Mario to see if he has any reaction. He hasn't yet responded, but it has only been about 48 minutes ago. Should he respond, I'll be glad to post it here.

UPDATE: Mario responded to my email...
Ha ha, no comment but looking forward to your story! :)
Again, neither Mario nor Wax Heaven are being sued by Topps. They are using his blog entries to support their position.

In Upper Deck's response, the overriding theme that I saw is that Upper Deck doesn't know much.

They state on page 2:
3. Upper Deck lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in Paragraph 3 of the Second Amended Complain and therefore denies them.
These words are used over and over. Same song, different paragraph.

I have no legal expertise and so as not to muddy the waters of the judicial system, have declined to comment further on this suit at this time.

You're welcome.


  1. Interesting turn of events. It nice to know that the community is being noticed more.

  2. I wonder if either party has put Mario on their witness list. They put anybody who has any connection to the case on those things and they don't need your permission.

  3. I'd love a free trip to New York. ;)

  4. Well, the kicker is that without Mario there to verify his source of information in person under oath, it really doesn't hold any water. Any newspaper, blog, wiki, or word-of-mouth doesn't amount to a hill of beans without someone there to devulge the source of the posted info. Basically, anyone anywhere could have written that. Mario may just find himself with a free plane ticket to NY...