Death and Taxes and Baseball Card Litigation [Part IV, 1996-Present]

Author’s Note: This is the fourth, and final, installment in a multi-part series that explores the legal backstories that have shaped (and continue to shape) the baseball card industry.

Worth a Gamble?

In 1996, a group of plaintiffs filed lawsuits against card manufacturers in federal courts across the country claiming that including insert cards in their wax packs constituted illegal gambling activity under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) and that they were entitled to damages for not having received one of the rare autographed cards in the packs purchased. “RICO, in pertinent part, defines ‘racketeering activity,’ as ‘any act or threat involving … gambling. which is chargeable under state law and punishable by imprisonment for more than one year.’ 18 U.S.C. § 1961(1)(A).” Plaintiffs claimed all elements of gambling were met, which required (1) consideration [price of the pack], (2) chance [chase cards were inserted randomly] and (3) a prize [chase cards had significant value on the secondary market].

Back of 1996 Pinnacle Baseball package showing odds of finding insert cards

The first of these cases to be decided was the lawsuit filed against Pinnacle Brands in Texas. On April 2, 1997, the court dismissed the case because the purchasers of the packs of cards “got exactly what they paid for,” namely “six to twenty cards in a pack with a chance that one of the cards may be of Ken Griffey Jr.” Accordingly, the plaintiffs “had not suffered any injury to their business or property.” Without a tangible financial loss, plaintiffs had no standing to pursue a RICO action. This decision was affirmed by the Fifth Circuit Appellate Court on April 22, 1998.

While the Pinnacle case was ongoing, a RICO action was pending in California against Upper Deck. That court, however found that because plaintiffs alleged that “a portion of the purchase price” was paid as consideration for the chance of winning a chase card, they had adequately alleged a cause of action under civil RICO. Upper Deck’s motion to dismiss the case was denied.  

The court held that the value of the chase cards were “readily ascertainable in Beckett’s monthly trading card magazine.” Further, “when someone enters a hobby shop or trading card shop and purchases a package of Upper Deck cards, that person can immediately sell any chase cards he receives to the shop owner for the value quoted in the price guides.” (Though the assumption a shop owner would pay full price for a card is a leap of logic.) This potential arrangement made the chase cards “almost as good as cash,” tantamount to a winning scratch-off lottery ticket.

The court also made an astute observation that seemingly persists to this day—pack buyers “do not care whose face is on the card; they only care about its value in the secondary market.” In the footnotes, however, the court warned that if the odds on the packages were set correctly, there would be no net gambling losses, though the record did not divulge whether the odds stated correctly reflected the value of the chase cards on the secondary market.

Eight of these similar baseball card-RICO cases were eventually consolidated in California where the court was asked to decide whether the random inclusion of limited-edition cards in packages of otherwise randomly assorted cards constituted unlawful gambling in violation of RICO. The district court ultimately dismissed all of the lawsuits trading card purchasers “were not injured in their business or property” as required by the RICO statute. The district court’s opinion was affirmed by the Ninth Circuit on August 20, 2002, which held that “disappointment upon not finding an insert card” was not an injury to property and did not give the plaintiffs standing to sue for civil damages under RICO. Likewise, the plaintiffs could not recover for having developed a “habit” of buying cards to find the chase cards.

Upper Deck and Ken Griffey Jr. take on Topps

Although the Major League Baseball Players Association (MLBPA) had negotiated a licensing agreement with Upper Deck for use of players’ names and likenesses, that agreement did not control game-used items obtained directly from the player. Several stars including Ken Griffey Jr., Sammy Sosa, Jose Canseco, and Alex Rodriguez executed “highlight agreements” with Upper Deck that purported to give Upper Deck the exclusive right to sell cards that incorporated game-used equipment and memorabilia.

When Upper Deck learned that Topps was advertising certain cards in its 2001 Topps Gold Label issue would include tiny sections of game-used jerseys and bats, Upper Deck and Ken Griffey Jr., individually, sued to stop Topps from releasing cards of those players with whom they had contracted. They alleged that Topps did not have a license or permission from the players or the MLBPA to produce cards containing game-used equipment.

Topps countered that it had a licensing agreement with Ken Griffey Jr. that was valid through 2003 and dated originally to 1987, “before Upper Deck even existed.” This agreement gave Topps the non-exclusive right to use Griffey’s name and likeness, “the very right that Upper Deck purports to have obtained exclusively through a later agreement.” Topps argued that it legally obtained the Griffey jersey on the secondary market “at a relatively modest cost and at no injury to Griffey.” Topps even mentioned that Upper Deck had already litigated and lost the same issue when they tried to stop Score Board, Inc. from selling autographed Mickey Mantle memorabilia (as covered in Part III).

2001 Topps Gold Label MLB Award Ceremony Relics Ken Griffey Jr. (Jersey Relic – #GLR-KJ)

Upper Deck’s motion for temporary restraining order was denied on March 6, 2001. The case was dismissed voluntarily without prejudice on June 12, which gave Upper Deck the right to refile if they had so chosen. Regardless, Topps issued its special edition 2001 Gold Label award winner cards, including cards honoring Ken Griffey Jr.’s 1997 MVP season that incorporated bat and jersey relics.     

Squeeze Play: Topps and Upper Deck Survive

Production of distinct baseball card products peaked in 2003 as card companies inundated the market with 91 separate major issues packaged under brand names including Bazooka, Bowman, Donruss, Finest, Flair, Fleer, Leaf, Playoff, SP, Stadium Club, Topps, Ultra, and Upper Deck. Another 87 major issues followed in 2004 and 90 in 2005. (You may recall that the MLBPA had admitted to a “glut” in the trading card market a decade earlier in the Cardtoons litigation.)

On July 21, 2005 the MLBPA made a major announcement—it was scaling back its baseball card licenses to just two manufacturers: Topps and Upper Deck. The MLBPA’s Director of Trading Cards and Collectibles, Evan Kaplan, explained “the presence of fewer products in the marketplace will reduce consumer confusion and clutter on retail shelves” with a goal to have no more than 40 MLBPA-endorsed baseball products. The MLBPA also mandated that a rookie card logo would be required to appear on cards of players who had made their MLB debuts and that “rookie cards will no longer be issued before they reach the Majors.”

Venerable manufacturer Fleer had closed its doors in May 2005, unable to service $30 million in debt. Fleer filed an assignment for the benefit of creditors action in Burlington County, New Jersey (a state court process akin to a federal Chapter 7 bankruptcy filing) and was appointed a lawyer to manage the repayment of its debts. As part of the liquidation, Upper Deck purchased Fleer’s intellectual property and diecast toy car business for $6.1 million in July—a fraction of the $25 million Upper Deck had reportedly offered Fleer just a year prior. On September 9, an auction was held in which Fleer’s remaining office furniture, equipment, sports cards, and a memorabilia stockpile was sold off.

Major issues in 2006 plummeted to just 38 sets, all manufactured by Topps and Upper Deck. Still viable, Donruss was left out in the cold, but this was not the last time we would hear from the company.

Cool Papa Bell and the Cards that Shouldn’t Have Been

Connie Brooks was James “Cool Papa” Bell’s daughter and executrix of his estate following his death on March 7, 1991. Brooks granted licenses to Upper Deck to issue Bell cards in 1994 and 2001, along with other licenses for clothing, throw blankets, and Wheaties boxes in 1996.

In late 2004 Topps called Brooks to negotiate a license to issue Bell cards in 2005. At the time of this call Brooks did not know—and the Topps representative did not mention—that Topps had already issued seven different Cool Papa Bell cards in 2001 and 2004. Following the call, Topps sent Brooks a licensing proposal dated December 17, 2004 that offered $5000 in exchange for the right to use Bell’s name and image for 2005. The cover letter sent with the blank agreement stated that Brooks had agreed to the arrangement during the call, though she denied having done so. Brooks did not sign or return the proposal.

Not long thereafter Brooks learned that Topps, in 2004, had already produceda Cool Papa Bell card without her knowledge or permission. She contacted Topps and was provided a copy of the 2004 eTopps card and 2004 “Tribute Hall of Fame” card featuring Bell, along with a promise the company was “still looking for other cards Topps may have published depicting Bell.”

2001 Topps What Could Have Been – James “Cool Papa” Bell (#WCB4)

Later in 2005 Brooks learned that Topps had also issued Bell cards in 2001. She took exception to the narrative on the back of the 2001 card, which stated, “Cool Papa, who once stole more than 175 bases in a 200-game season, earned his nickname after falling asleep right before a game.” Brooks asserted the description was false and derogatory. William (Bobby) Robinson’s daughter Patricia Hawkins wrote to Judge Cote imploring that Bell “was a credit to his family, his race, his teammates and history as set by examples of his life and lifestyle, both impeccable.” Brooks added that Bell “never indulged in alcohol, smoked cigarettes, or used drugs. He was not a clown, drunkard, or nodding buffoon.” Without any pension provided by the Negro League, Bell worked 22 years as a custodian and night watchman at the St. Louis City Hall until his retirement.

Brooks complained that “Topps’ false statement [regarding the origin of the ‘Cool Papa’ nickname] will be read by many children and may be their only glimpse into the world of Negro League baseball and my father’s career.” Topps responded with an offer of $35,000 in exchange for Brooks executing a settlement agreement and release of liability. She refused and demanded a listing of all Bell cards Topps had produced.

By letter dated January 31, 2006, Topps provided Brooks with a list of “all cards of Cool Papa Bell produced by Topps from 2001-2005.” Brooks responded by filing a lawsuit against Topps on March 27, 2006 claiming Topps had used Bell’s “name, likeness, signature, intellectual property rights, and publicity rights” without authorization and had published defamatory information about Bell. Brooks asserted formally that Bell earned the nickname “Cool” for remaining calm under pressure and his manager Bill Gatewood added “Papa” to the end. 

Topps countered that Bell’s right of publicity died with him and the company was free to use his image on baseball cards without needing permission from Brooks. Alternatively, Topps claimed it had been granted permission by Major League Baseball to use Bell’s likeness on the cards it issued (though Topps never produced any evidence to support this doubtful contention). Further, Topps responded that it had taken the information regarding the source of Bell’s nickname from the book Players of Cooperstown: Baseball’s Hall of Fame, published in 1997.

On December 21, 2007 Judge Denise Cote issued her decision granting Topps’ motion for summary judgment. Unfortunately, Brooks had not filed the right of publicity case within the one-year statute of limitations afforded by the underlying state law. The court found that the most recent Bell card was published on November 1, 2004 and refused consider Brooks’ argument that the card really had not been truly “published” on that date because it was distributed in sealed packages. Moreover, Topps had not made affirmative misrepresentations regarding the prior publication of Bell cards to Brooks within the year that those most recent cards were marketed. Brooks’ claims of false endorsement, false advertising and unfair competition also failed; Judge Cote found in Topps’ favor. In other words, Topps was free to have issued over 87,000 individual cards depicting Cool Papa Bell without permission.

Brooks filed an appeal, which was dismissed on November 3, 2008, presumably because the parties had reached a voluntary settlement.

Major League Baseball v. Donruss

Major League Baseball (MLB) reported revenues from baseball card licensing in excess of $75 million for the decade preceding 2009. However, a shift in demand had decreased the total market for all trading cards from approximately $1 billion at its height to $200 million. Further, the baseball card segment within the trading card market (including non-sport cards) had decreased from 75%-80% in the mid-1980s to just 15%-20%. In light of the prevailing market conditions in the mid-2000s, MLB had chosen to pare down its list of companies licensed to manufacture baseball cards to help stem further diminution of trading card licensing value.

2008 Donruss Threads Tom Seaver (#19), Madison Bumgarner (#91)

When its licensing agreement with Donruss expired on December 31, 2005, MLB chose not to renew. That expired license agreement provided explicitly that Donruss would not use any MLB trademarks “in any capacity” without prior written consent, to include “primary colors of the MLB clubs in combination with baseball indicia or the MLB Clubs’ geographic designation.” Donruss eased its way back into the baseball card market in 2007 with its Elite Extra Edition set of 143 cards, which showed draft picks in their college uniforms or business suits and referenced the drafting team only by city name and an “AL” or “NL” league designation.

The Donruss Threads issue in 2008, however, caught MLB’s eye because the set included “numerous cards depicting former Major League Baseball players in the MLB Uniform Trade Dress and featuring various other MLB Marks.” MLB acknowledged that Donruss attempted to obscure or alter team logos, but the uniforms remained readily identifiable. (MLB also objected to the use of Minor League Baseball trademarks in the set pursuant to an agency agreement by which the names and likenesses of MiLB ballplayers were controlled by the respective parent MLB club.)

The matter was settled for a confidential dollar amount.  A consent judgment was entered on August 14, 2009 in which Donruss was permanently enjoined from using any MLB marks and went as far as to prohibit Donruss from using an image featuring “a component of a Major League Baseball uniform that is airbrushed, intentionally blocks or covers, or otherwise alters, any of the MLB marks.” All offending product that had not been previously sold was to be destroyed. Finally, Donruss was precluded from opposing, cancelling, or interfering with the use or registration of MLB trademarks.

2011 Donruss Elite Extra Edition Clayton Kershaw (#3), Curtis Granderson (#7)

Panini bought Donruss in March 2009 and the newly christened “Panini America” issued Donruss Elite Extra Edition sets in 2009 and 2010 featuring draftees in their college uniforms and listing their drafting club only by city name. The 2011 Donruss Elite Extra Edition was a 25-card set that featured current MLB players, but Donruss cleverly had each player pose in generic pants and a plain t-shirt (and probably with a company lawyer in attendance). 

Exclusive Details: MLB Cuts Ties with Upper Deck

In August 2009, Major League Baseball Properties (MLB) announced that it had awarded Topps a multiyear deal effective January 1, 2010 to become its exclusive trading card partner, with the hope that by dropping Upper Deck, Topps could “invigorate card collecting, especially with young fans.” Former Walt Disney Company CEO, Michael Eisner, who had acquired Topps in 2007, declared “it’s been difficult to promote cards as unique and original.”

In the wake of the news, Upper Deck voiced its intention to continue manufacturing cards and that they were going to analyze whether they could really be banned from depicting MLB logos and jerseys as MLB claimed. Perhaps not surprisingly, Upper Deck continued to market cards, often showing MLB logos and would have to engage in a separate fight with Topps of the alleged appropriation of trademarked Topps card designs from the 1960s and 1970s. 

The major card set offerings in 2010 (21) would be the leanest since 1991 (25). 

Topps v. Upper Deck

Canadian bubblegum manufacturer O-Pee-Chee (whose mark was based on a robin named “Opechee” in Henry Wadsworth Longfellow’s epic poem “The Song of Hiawatha”) had a licensing agreement with Topps from the late 1950s through 1992 under which O-Pee-Chee produced trading cards using O-Pee-Chee trademarks for sale in Canada. During this time, Topps and O-Pee-Chee produced nearly identical baseball card sets but for card stock differences, branding, occasional photo variation, and the O-Pee-Chee versions including bilingual wording on baseball cards (required as of 1970 after the Canadian Parliament enacted the Official Languages Act in 1969, which gave English and French official status).

Throughout their longstanding relationship, however, none of Topps’ card design copyrights were transferred to O-Pee-Chee—theirs was strictly a licensing arrangement. In 1992, O-Pee-Chee severed ties with Topps and independently issued sets of baseball cards in 1993 and 1994 featuring original card designs.     

In 2001, Upper Deck issued its first “Vintage” set comprised of cards—both front and back—that strongly resembled the 1963 Topps set. Similar Upper Deck Vintage sets followed in 2002 and 2003, each of which strongly resembled the 1971 and 1965 Topps sets, respectively. [Presumably Topps was not flattered by the imitation, but the author has not uncovered any litigation pertaining to Upper Deck’s production of these cards.] The final Vintage offering in 2004 sort of resembled 1954 Red Heart card fronts but featured completely different backs.

2003 Upper Deck Vintage Josh Beckett (#114), 2004 Upper Deck Vintage Nomar Garciaparra (#4)

In 2007, Upper Deck announced it had acquired rights to relaunch the O-Pee-Chee brand name. Upper Deck produced hockey sets under the O-Pee-Chee banner immediately and in 2009 announced it would issue a 600-card baseball set under the O-Pee-Chee name. Available insert cards included separate series that resembled Topps’ 1975 baseball issue and Topps’ 1979-1980 hockey issue.

Upper Deck’s early promotional materials for the 2009 baseball set included mockup cards for Ichiro and Albert Pujols that were dead ringers for the 1971 Topps set design, with an additional insert set that resembled the 1977 Topps baseball card fronts. Ultimately, however, the 2009 Upper Deck O-Pee-Chee issue utilized a unique card design that did not appear to resemble any prior Topps products.

Topps took issue with the perceived design misappropriation and sued Upper Deck in federal court claiming that Upper Deck had not acquired any Topps’ copyrights when it made the deal with O-Pee-Chee. Topps also objected to Upper Deck’s use of autographed Topps cards having been incorporated into SP Legendary Cuts insert cards. Topps sought damages and an injunction to prevent Upper Deck from selling the cards that allegedly infringed on their copyrights.

Ultimately, Upper Deck’s attempted end around to use Topps designs by acquiring O-Pee-Chee rights was unsuccessful. Upper Deck settled for an undisclosed amount at a mediation held on November 2, 2009. No further O-Pee-Chee baseball sets were issued after 2009.         

Upper Deck Thumbs its Nose at Major League Baseball

Despite its licensing agreement with MLB having expired on October 31, 2009, Upper Deck issued its 2009 Signature Stars and 2009 Ultimate Collection sets in January 2010. Upper Deck was also about to issue its full-blown 2010 flagship baseball card set (“Series I”) totaling 600 cards and complimented by a multitude of separate insert sets. The cards in each one of these sets, however, included photographs depicting MLB logos and marks that Upper Deck was no longer authorized to use.

2010 Upper Deck Albert Pujols (#463)

While the cards were licensed by the MLBPA, Major League Baseball sued Upper Deck in February 2010 to stop the sale of the cards and prevent the distribution of additional planned issues including a planned second series for the 2010 flagship set (cards 601-650). In its complaint, MLB alleged Upper Deck displayed “a pattern of utter disrespect for the contractual and intellectual property rights of those from whom it licenses valuable trademarks.” MLB otherwise claimed Upper Deck had defaulted on payments totaling over $2.4 million across a number of licensing agreements.    

The parties reached a settlement in which Upper Deck agreed to pay $3,065,824.92 to Major League Baseball and on March 17, 2010, entered a consent judgment in which Upper Deck acknowledged it had used MLB’s marks without permission in its 2009 Ultimate Collection, 2009 Signature Stars, and 2010 Series I issues. Upper Deck was permitted to sell any remaining cards that had been manufactured on or before February 1, 2010.

As part of the agreement, Upper Deck was permanently enjoined from using MLB’s marks: “in whole or in part of current or former players, coaches or managers wearing any item resembling a Major League Baseball uniform,” including “jerseys, pants, jackets, caps, helmets, and catchers’ equipment.” The judgment also prohibited Upper Deck from using an image featuring “a component of a Major League Baseball uniform that is airbrushed, intentionally blocks or covers, or otherwise alters, any of the MLB marks.”

On February 29, 2012, Major League Baseball had to file a subsequent lawsuit against Upper Deck in an effort to collect the remaining $265,000, plus interest, that Upper Deck had failed to pay under the settlement agreement reached in 2010.

How to Catch a Buzz

Topps issued an “American Heritage: American Heroes Edition” set in 2009 that featured cards of famous athletes, politicians, scientists, and other historic figures and events on cards using designs from Topps’ past. Several of these cards honored NASA space missions and depicted patches, rockets, and the Space Shuttle.

2009 Topps Heritage American Heroes box

After being unable to negotiate a licensing fee with Topps, Dr. Edwin “Buzz” Aldrin took exception to several cards in the set Topps issued anyways that featured his name and likeness. He was also upset the product box used the famous “Visor Shot” photo of Aldrin taken by Neil Armstrong during the Apollo 11 moon landing—along with Mickey Mantle and Abraham Lincoln. (Aldrin objected even though his face is not visible, and he can be identified only if one were to focus in on his name badge.) The card for the Gemini XII mission, in particular, included this historical description on the reverse:

“Astronauts had operated outside the spacecraft before, but astronaut Buzz Aldrin’s smooth, multi-tasking 140-minute space walk outside of Gemini XII was what finally confirmed NASA’s highest hopes for extravehicular astronaut activity. Gemini XII’s flawless, computer-guided re-entry marked the end of Project Gemini; America was ready to shoot for the moon.”

On December 27, 2010, Aldrin filed a lawsuit against Topps in California claiming his name, image, and likeness were used improperly. Topps countered that it was permitted to use the photos and descriptions of Aldrin and his historic accomplishments because they were matters of free speech and an issue of public interest. Ultimately, the court found that Topps had a First Amendment right to use Aldrin’s name and likeness without need for permission or payment. The cards simply used “Aldrin’s name in the course of conveying information about his historically significant achievements” and were not advertisements for some other, unrelated product. Further, the photo used on the box was deemed a “mere adjunct” to the cards themselves and was also protected.   

A Case of Mistaken Identity?

2007 Topps Fausto Carmona (#497)

Fausto Carmona went 19-8 with a 3.06 ERA for the 2007 Cleveland Indians, a season in which he finished fourth in Cy Young Award voting and garnered MVP votes. Carmona was an All-Star in 2010, and the Indians’ Opening Day starter in 2011. On January 19, 2012, Carmona was arrested in his native Dominican Republic for allegedly using a false identity. It was revealed that Carmona’s real name was Roberto Hernandez Heredia, and he was 31, three years older than he had claimed.

Ohio educator Aaron Cookson had invested heavily in his Fausto Carmona personal collection consisting of “323 rookie cards of Carmona/Hernandez, mostly autographed cards with a lot of high-end and high-grade examples.” Cookson estimated he had spent in excess of $5,000 for the cards and he felt betrayed by the false identity revelation.

On August 1, 2012 Cookson filed a small claims lawsuit against Roberto Hernandez in Franklin County (Ohio) Municipal Court seeking $3000 in damages (the statutory maximum). Cookson protested, “as you know, the age of an athlete plays an important factor in his/her on-field performance and how collectable investors/collectors view their cards or memorabilia. I spent a lot of time and money collecting and investing in a guy that I thought was three years younger than he really was. I believe I was defrauded.”

According to Cookson, who remains an avid card collector, the parties reached a confidential settlement subject to a non-disclosure agreement and the case was dismissed. Pitching under his actual name, Hernandez was ineffective in three starts for Cleveland in 2012 and was released after the season. He bounced around for another four more years but was never able to recapture the magic of his 2007 campaign.        

The Mastro Auctions Scandal

As of February 2009, Mastro Auctions had reportedly auctioned off more than 100,000 lots and sold in excess of $300 million worth of collectibles, including high-end baseball cards and memorabilia. Principle, Bill Mastro, was indicted in 2012 on federal mail fraud charges for his role in artificially inflating auction lot prices through shill bidding practices (i.e., bogus bids used to create illusion of demand and boost final auction prices) and for his role in altered sports memorabilia items.

The infamous Mastro-trimmed T-206 Honus Wagner

On October 10, 2013, Mastro entered a guilty plea in which he admitted to the shill bidding scheme and specifically to having personally trimmed a T-206 Honus Wagner before selling the card in 1987. He failed to disclose his alteration of the card during his involvement with an auction of the card in 1991 by Sotheby’s (when the card was famously purchased by Wayne Gretzky and Bruce McNall for $451,000), when the card was submitted to PSA for grading in 1992 (famously the first card ever submitted to PSA for grading), and at a subsequent online Robert Edwards auction in 2000 for $1.1 million plus commission (famously the most ever paid for a single baseball card at the time). Mastro also admitted to having known that laboratory test results on the “1869 Cincinnati Red Stockings Trophy Ball” sold by Mastro for $62,000 revealed that it contained paint manufactured after World War II.

Based on his guilty plea to the felony charges, Mastro was sentenced to 20 months in federal prison and assessed a fine of $250,000. 

Caveat Emptor  

When famed collector and New York Yankees minority owner Barry Halper announced he would be auctioning off his sizeable collection in 1999, it caused quite a stir. The collection was so renowned the catalog became a collectible in its own right and auction house Sotheby’s produced a set of baseball cards to commemorate and promote some of the most important pieces up for auction.  The Halper Collection auction was wildly successful and reportedly accounted for $21.8 million in sales. 

The 16-card set produced by Sotheby’s featured photos on the front of famous events combined with select items up for sale. The set contained several Babe Ruth cards, a Pete Rose card with the Expos jersey worn when he smacked his 4000th hit (signed of course), a Black Sox card, Jackie Robinson card, and a Lou Gehrig card promoting the auction of his “final glove,” among others. The back side of each card bore an uncanny resemblance the 1953 Topps issue, complete with a cartoon.

1999 Sotheby’s Barry Halper Collection of Baseball Memorabilia Willie Mays (#7)

A Willie Mays card featured a photo of “The Catch” on the front and a 1950s Willie Mays Giants travel bag and signed hat up for auction. The reverse side offered auction estimates for a 1951 Willie Mays New York Giants signed rookie road jersey ($25,000-$35,000), travel bag ($1000-$1500), and signed hat ($100-$200).

Pennsylvania collector Michael Jacobs was the high bidder two items at the September 1999 sale, having paid $63,000 for the rookie Mays jersey and $8625 for the bag. In July 2012, Jacobs had the jersey appraised by Leland’s of New York for insurance purposes. It appraised for $400,000.

About June 2013, Leland’s brokered a deal to buy the jersey from Jacobs for $675,000 in order to sell it immediately to a third-party buyer. Unfortunately, a subsequent examination deemed the jersey inauthentic—apparently, the name and number had been added sometime after the fact to a standard 1951 New York Giants jersey.  Also, it was discovered that the stenciling on the travel bag was inconsistent with the style used at the time.

Jacobs sued the Halper estate, Sotheby’s, and Grey Flannel Collectibles, Inc., the company that had authenticated the jerseys according to the auction catalogue, which stated “Grey Flannel Collectibles, Inc. is honored to have had the opportunity to evaluate and authenticate this wonderful collection of uniforms and jerseys belonging to Barry Halper.” Grey Flannel undertook a basic authentication (e.g., comparing the jerseys to photos or genuine exemplars) and removed approximately 100 jerseys from the auction it could not confirm as authentic.

The auction catalogue also included a five-year authenticity guarantee that would serve to rescind the purchase of an inauthentic item and refund of the purchase price. Jacobs was well beyond the five-year timeframe when he learned of the issue but argued that defendants could not hide behind the guarantee when they fraudulently misrepresented that Grey Flannel had authenticated the jersey.  

Ultimately, the court found that Jacobs could not show “Sotheby’s displayed an extreme departure from the standards of ordinary care applicable to auction houses in selecting and relying upon third-party authenticators for sports memorabilia.” The case was dismissed on July 26, 2016, a true example of “may the buyer beware.”  

The Jacobs lawsuit was just another in a long line of cases in which the parties sparred over what appeared on a baseball card—and somewhat fittingly, a card (back) that resembled one of those early 1950s Topps issues where this all began.

Conclusion

Fanatics bought Topps for about $500 million in early 2022.  As of 2026, Fanatics will have the exclusive right to design, manufacture, and distribute baseball cards per licensing agreements with both the MLBPA and MLB. Will this put an end to baseball card-related litigation? Not likely.

In October 2022, a Michigan man was sentenced to 30 months in prison for selling packs of vintage baseball cards that were opened, had the valuable cards removed, and resealed to look like unopened packs. Bryan Kennert had reportedly engaged in schemes to sell counterfeit sports cards and searched packs for at least 30 years. In fact, federal agents found bogus sports cards at his home that would have been worth $7.3 million if authentic.  

Elsewhere, lawsuits roll on dealing with Topps redemption cards, Upper Deck logos on counterfeit cards, and a man in New York who has sued his mother to seek the return of valuable baseball cards she has refused to return to him.

More things change, the more they stay the same.

Notes

A sincere thank you to anyone who has enjoyed this series in light of its length and often tedious legal discussions. There are dozens of other cases that could have been included and may be given separate treatment down the road. If you know of a particular baseball card-related matter you think would make for an interesting article, please let me know.

Also, a hearty thank you is necessary for Jason Schwartz for his generous time with review and in making suggested edits along the way.

Websites

www.baseball-reference.com

www.retrosheet.org

www.tcdb.com “Major Issues” comes straight from the Trading Card Database website. The author was unable to find a defined methodology for what constituted a “Major Issue,” but it seems like the sets listed were typically sold nationally (U.S. and/or Canada) in individual packs.

Cases

  • Price v. Pinnacle Brands, Inc., 96CV2150 (N.D. Tex. 1997).
  • Schwartz v. The Upper Deck Co., 956 F.Supp. 1552 (S.D. Cal. 1997).
  • Schwartz v. Upper Deck Co., 967 F.Supp. 405 (S.D. Cal. 1997).
  • Price v. Pinnacle Brands, Inc., 138 F.3d 602 (5th Cir. 1998).
  • Dumas v. Major League Baseball Properties, Inc., 52 F.Supp.2d 1183 (S.D. Cal. 1999).
  • Dumas v. Fleer/Skybox Int’l., LP, 104 F.Supp.2d 1220 (S. D. Cal. 2000).
  • Dumas v. Pinnacle Brands Inc., 98CV1059-B(AJB) (S.D. Cal. 6/21/2000) (S.D. Cal. 2000).
  • Dumas v. Playoff Corporation, 99CV1963-B (AJB) (S.D. Cal. 7/21/2000) (S.D. Cal. 2000).
  • Dumas v. Major League Baseball Properties, Inc., 104 F.Supp.2d 1220 (S.D. Cal. 2000).
  • Dumas v. Fleer/Skybox International, LP, 99CV1793-B (AJB) (S.D. Cal. 6/21/2000) (S.D. Cal. 2000). Major League Baseball Properties, Inc. v. Price, 105 F.Supp.2d 46 (E.D. N.Y. 2000).
  • The Upper Deck Company and Ken Griffey Jr. v. The Topps Company, Inc., 01CV00329 (S.D. Cal. 2001). The reason why Upper Deck gave up on the case is not clear but if a settlement had been reached, the dismissal would have been with prejudice.
  • Chaset v. Fleer/Skybox Intern., LP, 300 F.3d 1083 (9th Cir. 2002). Eight similar cases were consolidated against the ever-expanding list of defendants to include not only trading card manufacturers but the Major League Baseball Players Association, Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties, Inc., National Football League Players Association, National Hockey League Enterprises, NHL Players Association, Walt Disney Company, Nintendo of America, Inc., Wizards of the Coast, Inc., and others. Judgments were entered dismissing the RICO claims without leave to amend and dismissing the supplemental state law claims without prejudice pursuant to 28 U.S.C. § 1367(c).
  • The Upper Deck Co., LLC v. Federal Ins. Co., 358 F.3d 608 (9th Cir. 2004). Upper Deck submitted the RICO claims to its insurance carrier, Federal Insurance Company, claiming that the alleged acts were covered under its policy. Federal refused to cover the claims on the grounds that there was “no accident or occurrence” as required under the policy. Despite having prevailed in the RICO cases, Upper Deck filed suit against its insurance company seeking to recoup the money it spent defending the case. The court found in favor of the insurance company, agreeing with the Federal there was no “occurrence” to have triggered the policy and, accordingly, there was no duty on the part of Federal to pay for Upper Deck’s attorneys.
  • Miller v. Collectors Universe, Inc., 65 Cal.Rptr.3d 351, 154 Cal.App.4th 1047 (Cal. App. 2007).
  • Brooks ex rel. Estate of Bell v. The Topps Co., Inc., 2007 WL 4547585 (S.D. N.Y. 2007).

Card / Release Date / Total Number of Cards in Series / Total Number of Bell Cards in Series

(1.) 2001 Topps Series II Baseball (base card) / April 16, 2001 / 51,800,000 / 34,800

(2.) 2001 Topps Chrome (base card) / May 21, 2001 / 2,100,000 / 45,000

(3.) 2001 Topps Chrome (refractor parallel card) / May 21, 2001 / Same series as (2) above / 5000

(4.) 2004 Topps Tribute Hall of Fame (base card) / November 1, 2004 / 217,000 / 2170

(5.) 2004 Topps Tribute Hall of Fame (gold parallel card) / November 1, 2004 / Same series as (4) above / 74

(6.) 2004 Topps Tribute Hall of Fame (Cooperstown Cut Signature Card) (“2004 Signature Card”) / November 1, 2004 / Same series as (4) above / 1

(7.) 2004 eTopps Classic (base card) / August 2, 2004 to August 9, 2004 / N/A / 938

  • Major League Baseball Properties, Inc. v. Donruss Playoff, L.P. and Donruss, LLC, 09CV00593 (S.D. N.Y. 2009).
  • The Topps Company, Inc. v. The Upper Deck Company, Inc., 09CV3780 (S.D. N.Y. 2009). The first O-Pee-Chee baseball card set was produced in 1965.
  • Major League Baseball Properties, Inc. v. The Upper Deck Company, LLC, 10CV00732 (S.D. N.Y. 2010).
  • Aldrin  v.  Topps  Co., CV1009939 (C.D. Cal. 2011). After the ruling in their favor, Topps filed a motion to recover attorneys’ fees. Aldrin filed an appeal.  The motion for attorney’s fees was denied and on May 2, 2012, the appeal was voluntarily dismissed, presumably because the parties were able to reach some type of confidential agreement.    
  • Major League Baseball Properties, Inc. v. The Upper Deck Company, LLC, 12CV01512 (S.D. N.Y. 2012).
  • Cookson v. Hernandez, Franklin County (Ohio) Municipal Court, Case No. 2012 CVI 029028.
  • United States of America v. William Mastro, 12CR00567 (2012). The Mastro-trimmed T-206 Wagner was the first card ever submitted to PSA and received an 8/10 grade, but would not have been eligible for a number grade if the alteration had been disclosed or independently discovered by PSA.
  • Jacobs v. Halper, 14CV06515 (E.D. Pa. 2014); 116 F. Supp. 3d 469 (E.D. Pa. 2015).  Note: The checklist for the “1999 Sotheby’s Barry Halper Collection of Baseball Memorabilia” set found on www.tcdb.com is inaccurate. Here is the actual checklist: 1. Sotheby’s header card, 2. The Babe’s Last Bat, 3. Lou Gehrig Day, 4. Joe D’s Rookie Year, 5. The Black Sox Series, 6. The M&M Boys, 7. Willie’s Catch, 8. The Shot Heard ‘Round the World, 9. King of Competition (Ty Cobb), 10. Pine Tar Rhubarb, 11. A Whole New Ballgame (Internet Auction), 12. Pete Rose’s 4000th Hit, 13. Babe Ruth Shows Kids How It’s Done, 14. Babe Ruth, Newspaperman, 15. The Barnstormers (Bob Feller and Satchel Paige), and 16. Jackie’s Promise.
  • Upper Deck v. Miguel Flores, 21CV01182 (S.D. Cal. 2021).
  • Wheeler v. The Topps Company, 22CV02264 (S.D. N.Y. 2022).

Articles

Department of Labor Filings

  • MLBPA, Form LM-2 Labor Organization Annual Report (#064-727), 2010.

Interview

  • Aaron Cookson, email interview with author, March 29, 2022.

Were the All Star FanFest Cards from 1994-2000 the Precursor for Topps Project 2020?

As a baseball card collector and enthusiast, I feel that I am living through the Renaissance era of baseball card art. My Twitter feed is filled daily with spectacular images of cards from many artists that are working with a variety of mediums to produce their own interpretations of what cards of past and present players should look like. A number of these artists are also using their artwork to support charitable causes.

There was certainly an undercurrent of fine baseball card artwork being produced long before 2020, but the Topps Project 2020 brought to the surface a tidal wave of beautiful cards from a wide variety of artists.

Was Project 2020 an original idea or was it a variation on a project from the Junk Wax era? A case can be made that Project 2020 can be linked back to the All Star FanFest Cards from 1994 to 2000.

The two projects are similar in that they have multiple artists and designers coming up with unique cards of a single player and they also share some common player subjects – Roberto Clemente (1994 – Pittsburgh FanFest), Nolan Ryan (1995 – Dallas FanFest), and Jackie Robinson (1997- Cleveland FanFest).

The other player subjects for the All Star FanFest sets were Steve Carlton (1996 – Philadelphia FanFest), Lou Brock (1998 – St. Louis FanFest), Carl Yastrzemski (1999 – Boston FanFest), and Henry Aaron (2000 – Atlanta FanFest).

Ray Schulte was responsible for the All Star FanFest cards from 1994 to 2000. At the time he was working as an event consultant for MLB Properties, and cajoled some of the major baseball card producers of the 90’s to design and distribute unique cards of an iconic player from the city that was hosting the All Star Game. To obtain the cards a fan had to redeem 5 pack wrappers of any baseball product of the manufacturer at their FanFest booth.

I was introduced to the cards when I attended the All Star FanFest event held at the Hynes Convention Center in Boston in 1999. I attended the event with my family and upon learning about the cards from a Fleer representative sent my two kids on a mission to purchase 5 packs of cards produced by each of the four manufacturers from dealers at the event so we could exchange the wrappers for the Carl Yastrzemski cards designed just for the 1999 FanFest.

Now let’s take a closer look at the All Star FanFest sets which feature players that overlap with the Topps 2020 Project.

1994 All Star FanFest Set – Roberto Clemente

1994 was the first year that FanFest cards were issued and with Pittsburgh hosting the All Star Game the player subject was Roberto Clemente. Topps, Fleer, Upper Deck, Donruss, and Pinnacle issued cards for the event.

Fleer and Topps decided not to mess with perfection and produced cards that were essentially reprints of Clemente’s 1955 Topps rookie card and his 1963 Fleer card with 1994 All Star logos. Upper Deck issued a metallic looking card of Clemente that contains career stats and accomplishments on the front. Upper Deck would utilize the “metallic look” design for player subjects for the next 6 years. As you would expect, an image of a Dick Perez painting of Clemente is on the front of the Donruss Diamond King card.

1995 All Star FanFest Set – Nolan Ryan

With the 1995 All Star Game being held in the home park of the Texas Rangers the logical choice for the player subject for the FanFest cards was Nolan Ryan who retired in 1993.

The 5 card manufacturers who designed cards for the 1994 All Star FanFest also produced cards for 1995 All Star FanFest event held in Dallas.

Topps produced a re-imagined 1967 Rookie card of by eliminating the Jerry Koosman photo and enlarging the Nolan Ryan image to fill the front of the card. In microscopic print, Nolan’s complete major league pitching record is on the back of the card. Steve Carlton got the same treatment a year later when Topps enlarged his airbrushed 1965 photo to produce a new version of his Rookie card. Fleer issued an Ultra Gold Medallion version of a Ryan card. Upper Deck continued with its metallic design for a Ryan card. The Pinnacle card featured a Nolan Ryan painting and Donruss produced a Tribute card.

Get out the magnifying glass. Back of Topps 1995 Nolan Ryan All Star FanFest card.

1997 All Star FanFest Set – Jackie Robinson

With the All Star Game 1997 marking the 50th year of his major league debut, Jackie Robinson was the correct selection for the player subject for the 1997 set.

Topps released a reprint of his 1952 card with a All Star logo on the front and his complete major league batting record on the back. Leaf distributed a reprint of Jackie’s 1948 “rookie” card with small All Star Game logo in the upper right-hand corner. Fleer choose a nice posed photo of Jackie looking like he is going to tag out the runner for its Ultra card. On the back of its Tribute card, Pinnacle included a great action shot of Robinson coming in head-first at home plate with the catcher about to make a tag. The photo leaves you wondering – Which way did the call go? Upper Deck once again used a metallic design for its Jackie Robinson FanFest card.

Other All Star FanFest Cards

1997 All Star FanFest Larry Doby Cards

Depending on your definition of a complete set, collectors should be aware that Fleer and Pinnacle released Larry Doby cards to coincide with the All Star game being held in Cleveland. Included below are photos of the Fleer Ultra card and the Pinnacle 3-D Denny’s card.

2000 Henry Aaron FanFest Error Card

For some reason Topps decided not to make a reprint of Aaron’s 1954 Rookie card part of the official 2000 All Star FanFest set. Instead, Topps designed a unique card that featured a spectacular color photo of Aaron in a posed batting stance. Topps did however print some of the 1954 Rookie reprints with an All Star Game logo. These Aaron Rookie reprints are considered “error” cards.

Costs

Almost all the All Star FanFest sets can be purchased for under $12 on eBay. The exception is the 1994 Roberto Clemente All Star FanFest set. Each manufacturer produced 15,000 cards for the event. Less than 10,000 of each card were distributed at FanFest. The rest of the cards were destroyed. A Clemente set will set you back about $60.

Don Sutton, 1945-2021

If you avidly collected baseball cards in the 80s, like I did, Don Sutton was a constant presence. From his last couple of Dodgers issues in 1980 and 1981, through his years with the Astros, Brewers, A’s, Angels and eventual return to the Dodgers in 1988, you never cracked a box of wax packs without getting a Don Sutton. The only thing that seemed to change was the color of his trademarked tight-knit and voluminous puff of curly hair. Steel grey for 1980 Topps to stark white in 1988 Score. Don Sutton always showed up and you were happy to have him.

Similarly, Don Sutton was always there for his team when called upon. In fact, in his 23 years in the Major Leagues, he never missed a start due to injury. Think about that amazing feat. He answered the bell through the presidencies of LBJ, Nixon, Ford, Carter, and Reagan without missing a single start. Also, Don Sutton did not just show up every four days, he excelled every four days. 324 wins, 3,574 strikeouts, a 3.26 career ERA and a 1.14 WHIP. An amazing feat, especially for someone who pitched in the shadows of other legends like Tom Seaver, Nolan Ryan and Steve Carlton.

Perhaps the most amazing fact about Don Sutton is that he is the only Dodgers Hall of Famer who never played for the Brooklyn Dodgers. Duke, Sandy and Pee Wee all played at Ebbets Field and Mike Piazza dons a Mets cap on his plaque in Cooperstown.

So, there he is, Don Sutton, standing alone as the only Los Angeles Dodgers Hall of Famer, at least until he is eventually joined by Clayton Kershaw. So, tonight after work, go on eBay and buy a box of mid-80s junk wax. When you get a Don Sutton card, and you will get a Don Sutton card, don’t rush by it to search for a bigger star. Turn over that Sutton card, check out his stats for yourself, and just appreciate his consistency and excellence.

Magnifying glass not included

Rest In Peace, Don Sutton.

Christie Brinkley’s 1996 Pinnacle set goes ‘beyond presumed sex appeal’

Christie Brinkley likely was taking selfies long before you. Way back in 1996.

Want proof? Take a look at the back of that year’s Pinnacle Series II baseball card set. In it are 16 limited, random insert cards – one per 23 packs – that feature playful pictures the supermodel-turned-photographer snapped of herself and select members of the Atlanta Braves and Cleveland Indians.

Serious and casual collectors alike may remember the initial popularity of the set and the news that Pinnacle had hired Brinkley. I was a semi-serious collector in those days, and up until a few years ago, I vaguely remembered the cards and the media buzz surrounding, first, the photo shoot, and second, the set’s release in late July of that year. (Sports Illustrated wasn’t so buzzed. More on that later.)

My memory of the card set was jolted about five years ago when a work colleague leaned back in his squeaky office chair and, from his cubicle across the narrow hallway, casually asked, “Hey, Chad. Have I ever shown you this picture of me with Christie Brinkley?”

The pop time for me to launch from my chair and dash to his office was all of 1.3689 seconds. I immediately fixed my eyes on his computer screen, where sure enough, beamed a photo of Christie Brinkley and my co-worker, mild-mannered, soft-spoken John Lucas, who in the 1990s, was the creative manager of design and photography at Pinnacle.

Christie Brinkley and John Lucas

In the photo, Brinkley is wearing white ringer top with thin, navy horizontal stripes and mirrored sunglasses. She, of course, looks flawless with her long blonde locks swept back from her face. Only few are out of place, but even those strays look perfectly placed.  If you look closely, you can barely see three of John’s fingers extending around Christie’s waist.

He must have thought he had died and gone to heaven. But, it was only Florida.

John is repping his company well in the shot, wearing a white Pinnacle T-shirt and brand-matching cap. He has Christie’s left arm on his right shoulder, and a smile that brilliantly and brightly encapsulates the moment.

John played it cool because “You had to play it cool,” he told me. “You couldn’t get star struck. You had to come across as a professional. She was very gracious and friendly, just a regular person who was very excited about the opportunity.”

As you can see in the photo, Brinkley and John are standing on an auxiliary field behind West Palm Beach Municipal Stadium. Excited to be there. The ballpark was then the spring training site of the Atlanta Braves. In the distance and over Brinkley’s right shoulder, are the bleachers of the crowded ballpark. The Indians and Braves, the previous season’s World Series combatants, were set to play an exhibition game that day. It was the first meeting since Atlanta took the Fall Classic from the Tribe five months earlier.

“I can’t believe I never showed you this,” John said as I stood in his cubicle peering at the photo on his Mac. I couldn’t believe it either. We had known each other for a year or more at that point and had talked a lot of baseball, but this episode in his life, inexplicably, never came up.

So, or course, I had a ton of questions, and John was happy to answer. I think we both were giddy to talk about baseball and a supermodel we both had eyes on since we were teenagers.

*****

The origin story behind the photo begins with John, whose job at Pinnacle was to guide the design and photography for card products, and his quest to “always be looking to break the repetitive tradition of baseball card photography,” he told me. “I was always striving to come up with photography concepts that would be different, edgy and well-received by our customers.”

Part of the issue with the same-ol’, same-ol’ card designs, at times, was with the players. They often were unreceptive to anything beyond basic concepts and poses. That conundrum came up in a conversation John had with the company’s photography director, Don Heiny, who told John about a time when a woman photographer had been assigned to a card photoshoot and garnered way more cooperation from the male players than had previous male photographers.

It was a valuable chunk of knowledge for John to store away in his memory, and it didn’t take long for the figurative flashbulb to spark about his head and rekindle the thoughtful guidance.

John was a fan of Brinkley, then 42, and he knew that she had an interest in photography from behind the camera.

“Wow,” he thought,” what if we send Christine Brinkley on assignment to spring training as a photographer for Pinnacle? The players would pose any way she asked.”

John took his idea up the ladder in the fall of 1994, sending a memo via fax – “this was pre-email days,” he reminded me – from his office in Connecticut to Pinnacle corporate headquarters in Grand Prairie, Texas.

In his memo to Michael Cleary, who was then Pinnacle’ chief operating officer and chief marketing officer, John relayed his conversation with Heiny about female photographers’ workability with male athletes, and he incorporated those thoughts in his pitch, writing:

“What experienced, female photographer is very well-known, has shot sports photography before (boxing) and is extremely beautiful? Christie Brinkley. Now I know it sounds crazy but think of all the P.R. we could get from this. The obvious stumbling block is first her acceptance and secondly the price. But we’ll never know unless we ask. Please call me with your thoughts. Thank you.”

John faxed the proposal, with the subject line: FUTURE DREAM TEAM SET, to Cleary on November 4, 1994 and then he waited.

And, waited.

“I never heard anything about it,” John recalled, until I asked someone there [in Texas] about it, and they said, ‘Are you kidding? That’s all everyone is talking about.’ I was really happy.”

That, I’m sure, is an understatement.

Nearly a year later, and after the usual back-and-forth negotiations with Brinkley and her representatives, John, his photography director, Heiny, and an assistant left their offices in chilly Connecticut for the warmth and excitement of spring training in West Palm Beach, Florida.

In the planning stage, they selected a group of players from the Braves and Indians as their subjects for this innovative, new card concept. “Both teams had really good and popular players, which made for strong collectable cards,” John told me as I, still astonished, stood in his office, hanging on every word. “At the time, these guys were baseball superstars, and their cards were collectables.”

The original plan had been to photograph six players from each team for a total of 12 cards in the set. However, for whatever reason – John does not recall – four other players were added for a total of 16 cards.

The players were, from the World Series champion Braves: Greg Maddux, Ryan Klesko, David Justice, Tom Glavine, Chipper Jones, Fred McGriff, Javier Lopez, Marquis Grissom, and Jason Schmidt. From the American League champion Cleveland Indians were Albert Belle, Manny Ramirez, Carlos Baerga, Sandy Alomar Jr., Jim Thome, Julio Franco and Kenny Lofton.

Once Pinnacle photographers met Brinkley at the spring training site, the shoot ran relatively smoothly. That is often not the case because there are “so many variables,” John said, “when you’re dealing with professional athletes.”

But, John was right in the reasoning behind his idea. “I figured if Christie said, “Hey guys, do this, do that – beyond the normal poses – they would certainly be cooperative and do it. And, they did!”

Well, most everyone.

Teaser alert: Albert Belle was a bit of a challenge.

John and Brinkley separately brainstormed ideas for poses. Pinnacle gave its model-slash-photographer a bio sheet for each player. She read those and developed concepts. John knew baseball and knew oodles about each of the players. Many of the props used the card photos were his idea, and some came right off the top of his head.

Literally.

“That fedora Fred McGriff is wearing, that was mine,” said John, who also designed the art for the cards. “And, I took a drill and cut into the baseball,” to give the appearance of teeth marks on the leather. McGriff is holding the ball near his open mouth as if he had just taken a large bite into the leather. The concept for McGriff’s card, No. 6 of 16, was a play on his nickname the Crime Dog, after McGruff, the animated bloodhound who appeared in PSAs in those days and was known to “take a bite out of crime.”

“We did quirky little things to make it interesting,” John recalled.

Marquis Grissom and Kenny Lofton were two of the Major League’s top base stealers at the time, and Brinkley wanted to illustrate that fact on the card. For Lofton, who had stolen 54 bases the year before, she had the speedster pose holding a base in each hand as if he were literally stealing bases. Brinkley posed Grissom, also known for blazing the base paths, in a mock run with a radar gun pointed in his direction. When you look at the card, that’s John’s right hand holding the radar gun.

John was the mastermind behind Braves’ pitcher Tom Glavine’s card. Knowing that Glavine was “a big golfer” John said, as were many of his teammates, they posed him on a pitcher’s mound, in full baseball uniform, with a pitching wedge ready to strike a baseball. “It was almost like he was chipping out of a sand trap,” John said.

Speaking of chipping, or more precisely, Larry “Chipper” Jones in this case, Brinkley proposed the idea to pose the then young ballplayer with his Braves cap on backward, his blue jersey partially untucked and sleeves rolled-up, and thick eye black across his cheeks. He was blowing a bubble as big and round as Atlanta-Fulton County Stadium.

The next day, the Greeneville (South Carolina) News published a quote from Jones saying, “All right, I’ve got Christie Brinkley undressing me.”

In addition to the card, Brinkley’s photo of Jones made Beckett Baseball Card Monthly’s June 1996 cover with a big, bold yellow headline that read: “Uptown Boy.” An inset photo shows Christie brushing makeup on Chipper’s nose.

Jones wrote about the experience in his 1997 book “Chipper Jones: Ballplayer,” claiming he had always had a crush on the model – of course, he did; everyone did – and worried about catching grief from Braves’ skipper Bobby Cox, who as Jones wrote “was a stickler for how you wear your uniform… But hey, she did with me as she pleased. What am I going to say?”

Way to take one for the team, Chipper!

On the card’s back, under the words “Christie Brinkley Collection,” is a fashion-editor-style description of the photo concept. It reads:

“Struck by Chipper’s youth, Christie rumpled his shirt, smudged his eye black and stuck a wad of bubble gum in his mouth to get that “sandlot” look.”

Jones and most of the other players we’re willing to play along, just like John had imagined back in his Pinnacle office months earlier when he developed the concept. “Their jaws were on the ground, smiling like little puppy dogs and doing everything she asked,” he recalled.

But, Albert Belle wasn’t having it.

Surprised?

“Christie and I both had concepts for Albert, but he said no to all of them,” John said.

So, they scrambled to find an idea Belle would agree to. John remembered the game in Belle’s then then recent history when the slugger yelled toward the Boston Red Sox dugout and flexed his bicep to show where his home run power originated. “Everyone knew about this, and we wanted to show his jacked biceps,” John said.

Albert’s response to the idea?

“No! I don’t repeat myself,” he said to John and Brinkley.

“Wow, what do we do now,” John recalled her asking.

What do you do when the surly slugger repeatedly rejects your ideas?

Forget the biceps. Tug at the heartstrings.

Perhaps in a moment of tossing her arms in the air in frustration, Brinkley asked Belle if he would hold her 13-month-old son, Jack, on his lap. Belle agreed.

“Albert was very happy to sit there with Christie’s son on his lap,” John told me. “He even cracked a nice, big smile.”

Brinkley snapped a round of photos, and that moment became the card. When the set was released in July, Pinnacle showed off the set to reporters and photographers at New York’s All-Star Café. An Associated Press photo from the event ran in newspapers the next few days showing the supermodel holding an oversized replica of the card depicting Belle with Jack sitting on his lap, both wearing Cleveland caps.

It was a hit!

On the back of Belle’s card, No. 10 in the collection, is Brinkley’s hastily self-snapped photo. It shows Jack, reaching from Albert’s lap, for his Mom. Belle is in the middle of the two, still smiling.

All of the card backs have Brinkley selfies taken with the ballplayers, via a bulky film camera – not a phone, of course. Most are non-descript with Brinkley smiling brightly, snuggled up to, or with her arm around, the ballplayers. The back of Chipper’s card shows Brinkley blowing a bubble, just like her subject. Indians third baseman Jim Thome – known for punching the ball out of the park – is wearing boxing gloves on the front and back of his card.

David Justice’s card back shows the 5’9” Brinkley looking up to the 6’3” slugger who towers above her. On Jason Schmidt’s card, it appears it was he who took the selfie, not Brinkley. Carlos Baerga is shirtless in his photo with the supermodel. He has a red heart painted on his chest because “he was the heart of the Indians,” John recalled.

Everything during the two-day shoot seemed to be working. The players were into it. Brinkley was having a blast. John was enjoying his moment in the sun.

The downside, however, was it took hours before the group could examine the results.

Remember, this was 1996.

“The night in between the two days of shooting, my director of photography, the photographer’s assistant and I had to get in a rental car and drive down to Miami from West Palm Beach to an after-hours photo lab and have them process the film and the pictures,” John told me.

The trip was about an hour and half each way after an exhausting day of work.

“We went down there to process the film of the pictures so we could bring them back and show Christie what they looked like, to make sure she was happy with the results of her work.

She loved the pictures,” John said smiling. “She was very pleased.”

Pinnacle had to be pleased, too, because collectors loved the unique concept. Also, Business Week reported that Brinkley’s ability to persuade the players to pose without demanding fees – some of “which can run up to $10,000 apiece,” the publication wrote – saved Pinnacle a substantial amount of money.

Today, Beckett lists each cards’ value at .50, including the un-numbered card picturing Brinkley sitting on her knees on a beach, topless it appears, holding a book to her chest. But when the cards came out, they were uber popular with collectors. In their “Sports Collectors” column in the Aug. 4, 1996 edition of The Journal News (White Plains, New York), John Kryger and Tom Hartloff quoted individual card values they had received from “one dealer’s price list.”

Atlanta pitcher Greg Maddux’s card was valued the most then at $49.95. Behind him was Belle, Chipper Jones and Manny Ramirez at $39.95. The lowest values were $14.95 for Grissom, Schmidt and Julio Franco. As of this writing, you can find the individual cards online with prices usually ranging from .99 for Belle and Klesko to $49.99 for Jones.

But, John, who still has the full set, never has given a thought to the cards’ market value or what they are selling for on eBay. “I never looked at them in that way,” he said. “I’ve always looked at them as an example of quick thinking and my job and role with the company.”

*****

Once the cards were released in July 1996, tons of media coverage focused on their novelty and immediate popularity. There was plethora of coverage from newspapers – many ran AP photos and stories, magazines and even late-night TV even talked about the cards.

It was mostly favorable, and great publicity for Pinnacle, which is what John had planned for his company.

There was, however, one notable exception, even if it was tongue-in-cheek.

In its popular weekly feature, “This Week’s Sign That The Apocalypse is Upon Us,” Sports Illustrated wrote: “Pinnacle, a Texas-based trading-card company, has hired supermodel Christie Brinkley to photograph selected Atlanta Braves and Cleveland Indians for a soon-to-be-released set of baseball cards.”

SI picked the Brinkley photo shoot that particular week because, well, “Jeez, I don’t have a specific memory of it, Chad,” replied Jack McCullum in an email when I posed that question to him… 23 years after the fact. McCullum and fellow SI writer Richard O’Brien co-edited the section in those days. They “went through dozens and dozens of newspapers, magazines, press releases, etc. to find our weekly Apocalypse,” McCullum wrote.

More than two decades later, John laughed about SI’s witty assertion that his idea was sending civilization toward its doom.

“You can take it a couple of ways,” he said to me over the phone back home in Connecticut, months after our initial conversation. “You can take it like, ‘Wow, they’re really insulting my concept.’ But, you can look it as great publicity, and it was published everywhere, even in a global magazine like Sports Illustrated. Overall, that and the whole experience was pretty amazing.”

USA Today thought so, too. It gave the card concept its stamp of approval in its April 16, 1996 edition, writing “Thumbs-up: To a seemingly hokey idea that also is practical. Christie Brinkley will appear on some Pinnacle baseball cards coming in July. But she had a function beyond presumed sex appeal. In actually shooting the cards’ photos (including ones of herself), Brinkley got players to strike off-beat poses. Cleveland’s Albert Belle posed with Brinkley’s baby boy. Says Pinnacle’s Laurie Goldberg, “there wasn’t much chance of getting some of these guys with a regular photographer.”

Four more words needed to be added at the end of Goldberg’s quote to complete the sentiment:

Great idea, John Lucas.

1997 Denny’s: The Most Ambitious Set Ever?

I was introduced to holograms by Desi Arnaz, Jr in 1983. Arnaz played Walter Nebicher, a nerdy police officer/computer whiz who craved more responsibility within the police department. In his spare time, Nebicher developed a powerful crime-fighting, helicopter-piloting, Tron-like-hologram hero he dubbed “Automan.” Unfortunately, Automan was canceled after only 12 episodes and I pretty much forgot about holograms until those marvels of dimensionality began to be incorporated into baseball card sets in the late 1980s.

On the other hand, lenticular cards had been a hobby staple since the 1970s. These plasticky “3-D” oddball issues were first introduced as a Topps test issue in 1968. Collectors most likely became aware of the 3-D technology, however when they found baseball cards in their Kellogg’s cereal boxes or discs on the bottom of 7-11 Slurpee cups. The Sportflics issue in 1986 introduced the lenticular card on a much grander scale, incorporating a headshot and a pair of action poses for individual players and cards featuring up to 12 different player photos. Regardless, the 3-D card has largely remained a novelty.

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Whether a baseball card featured a holographic or lenticular element, the creator of that card was endeavoring to capture the action and movement of the game into a static format—what else could a collector ask for in a two-dimensional card? Many of these cards are downright magical.

Famous for its Grand Slam breakfast, Denny’s began producing a branded baseball card set with Upper Deck in 1991. That set featured a full bleed holographic image on the front and narrative statistical information on the reverse, along with—cleverly—the player’s career grand slam tally. One card was issued for each of the 26 Major League teams at the time. Denny’s followed a similar format in 1992 and 1993, the latter set growing to 28 cards with the addition of players from the Rockies and Marlins. These cards were given to patrons who ordered a Grand Slam breakfast.

In 1994, Denny’s and Upper Deck changed the format a bit and for the first time, the set included pitchers. The player’s grand slam tally was discontinued, perhaps because none of Jim Abbott, Kevin Appier and Cal Eldred had never hit a home run, let alone a grand slam. This year, the issue also included a special Reggie Jackson card that was reportedly distributed one to a location and was to be given away as a prize. This remains the rarest of any Denny’s issue.

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The 1995 Denny’s set was the last for Upper Deck, the restaurant chain having partnered with Pinnacle for 1996. While the 1991-95 Upper Deck holographic issues simply added some shimmer and dimension to the card fronts, the 1996 set really brought home the bacon. Touted as “Full Motion Holograms,” these cards—when pivoted at just the right angle—actually depicted fluid action of a batter’s swing or pitcher’s windup. This issue also added a randomly inserted ten-card Grand Slam subset, with a parallel ten-card Grand Slam Artist’s Proof subset. The holographic image on the Grand Slam subset card was just a generic Grand Slam breakfast advertisement, ironically making the chase cards much less desirable than those in the base set.

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Then, in 1997, the 24-hour diner chain turned the collecting world on its collective head. Not unlike the resplendent union of eggs and toast, a concept was hatched in which a single regulation-sized baseball card would include both lenticular and holographic elements. This intrepid design produced the most technologically ambitious baseball card ever—with roughly 71%* of the card’s real estate covered by special effects. The front of the card was oriented horizontally and featured crisp effects in front of or behind each subject. The back of the card contained biographical and career highlight information, along with a large holographic image of the player’s face. These cards were wrapped individually and were available for 59 cents to anyone who purchased an entrée and non-alcoholic beverage.

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The set was comprised of 29 cards, one for each of the 28 Major League teams of the day, along with a special Jackie Robinson card in honor of 1997 having been the 50th anniversary of his having broken baseball’s color barrier. The Robinson card was based on Ernie Sisto’s depicting Robinson being tagged out at plate by the Pirates’ Clyde McCullough at Ebbets Field on May 2, 1951.

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Oddly, Denny’s also produced a separately distributed card of Larry Doby, numbered “1 of 1.”** The Doby card was given out at the All-Star Game Fan Fest and National Sports Collectors Convention, both of which were held in Cleveland that year. [Additionally, there is anecdotal evidence that the Doby card was also available at Cleveland-area Denny’s locations, but this has not necessarily been substantiated.] As you may know, Doby broke the color barrier in the AL, playing his initial game for the Indians on July 5, 1947.

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The 1997 Denny’s cards are fun to handle not only because of the movement and special effects on both sides, but also because a good number include other identifiable individuals. For example, John Jaha appears to be holding Wade Boggs on at first. The Sammy Sosa card has Jose Hernandez positioned oddly as Sosa appears to be mid home run trot. It appears that Jeff Bagwell is depicted on Tim Salmon’s card, Hal Morris appears on Derek Jeter’s card, Kirt Manwaring is seen on Andruw Jones’s card, and Jim Thome makes a baserunning appearance on Bagwell’s card, the only dual Hall of Famer entry in the lot.

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Interestingly, Cubs catcher Scott Servais appears on two cards, those of Ray Lankford and Gary Sheffield. The Sheffield card is particularly interesting because the visible Wrigley Field bunting probably dates that photograph as having been taken during the Cubs opening series against the Marlins in 1997, not long before the set would have been finalized for manufacture.

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The card fronts are also interesting to study for the differing ways in which motion was added and whether the perspective of that motion was in the foreground, background, or both. The majority of the cards depict the main subject as a solid, two-dimensional figure. Several cards, however, animate a portion of the player’s body, such as Mo Vaughn’s glove, Mike Piazza’s arm, and Frank Thomas’s left hand gripping a baseball to autograph.

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Unfortunately, all this technology came at a price. While information regarding the cost to produce each of these cards has eluded the author, these cards could not have been inexpensive to produce and Denny’s ambition may have been the reason for the demise of their baseball card promotions. Alas, the 1997 set was the last that Denny’s would distribute.

Even now, Denny’s sets and singles are readily available and relatively inexpensive. The ambitious 1997 set is the pinnacle of baseball card fun, even more so than Automan ever was.

Here is the checklist: 1997 Denny’s Checklist

Notes:

*I say that “roughly 71%” because the hologram features a slight rounded contour of a baseball, not a straight line. I am not going to do any math that requires me to calculate the area of an arc section.

**Denny’s having chosen to celebrate Jackie Robinson and Larry Doby may have been an effort to help rehabilitate their corporation reputation on the heels of paying $54.4 million to settle a class-action racial discrimination lawsuit.

Sources:

Jeff Leeds, “Denny’s Restaurants Settle Bias Suits for $54 Million: Civil rights: Blacks complained of discrimination at the chain. Case marks new push for Justice Department,” Los Angeles Times, May 25, 1994.

Dwight Chapin, Greg Smith, “Highland Mint strikes gold in memorabilia market,” The Marion Star (Marion, Ohio), August 31, 1997.

Pinnacle Patent Dive

One of my favorite oddballs from my childhood was Action Packed. The 3D embossed effect was pretty cool but even as a kid I was impressed at the way they were made. As I’ve been looking for card-related patents I’ve been keeping my eyes peeled for Action Packed.

This has been somewhat frustrating because Action Packed actually mentions patent number 315364 on the cards themselves but every time I searched that number I couldn’t find anything. A couple weeks ago though I got a tip from Paul Lesko that the Action Packed patent was in fact a design patent and should be listed as D315364.

Compared to the more-common utility/mechanical patents which describe how a product works, design patents are strictly about how the product looks. In the case of Action Packed, its design patent covers the different profile levels.

This is cool to see but also ultimately disappointing since design patents are literally just about how the product looks. I’m not a patent attorney but even though Action Packed put this patent number on all its cards—not just the ones that have this border design—I can’t help but think that this patent only applies to the specific profile of the original design.

Original design is on the left. It’s clearly the same design as the one in the design patent. I’m not sure if there was ever a proper baseball release in that design since all the baseball cards I’ve see are the design on the right.

Flipping the cards overs shows how they were made. There’s a seam that goes the length of the card (above the card number on Cunningham and above the stats on Jenkins) which shows how they’re printed on only one side of the paper and subsequently glued together. This is pretty clever since it hides the back of the embossing is on the card fronts.

It’s worth noting the prototype baseball cards which date to when the design patent was filed in 1988 use the design in the patent and are assembled differently. Instead of folding each side over and putting a seam on the back, this is just folded in half.

Anyway I’m still hoping to find more details about the production of these but I did notice that the patent is now assigned to Pinnacle Brands. So I decided to click on that name and see what else they owned.

There wasn’t as much interesting stuff in there as I was hoping for but this patent jumped out a me. Fellow early-90s collectors like myself will recognize it immediately, everyone else will be pretty confused.

The patent title itself gives it away. This is an anti-counterfeiting device. Where Upper Deck used holograms on its cards, Pinnacle decided to leverage its Sportflics brand and use lenticular printing.

That little slug under the player portrait on the back of every Pinnacle card? It’s basically what a Sportflics or Kelloggs card looks like before the plastic lens layer is added on top of the printing. It definitely confused me as a kid so it’s cool to see how it’s actually supposed to work.

Cards and Autographing

I like collecting autographs. In those years in the early 1990s when the hobby exploded and the number of available sets to purchase had jumped from three to at least seventeen, one of the things that kept me sane was collecting autographs.*

*I prospected at college games. Pursued minor league coaches and managers. Went to Spring Training. Hung over the rail at Candlestick. Sent out some through the mail requests. Hit a couple card shows.

In many ways my card collecting hobby transformed into a way for me to be able to pull a card of any player at any time. No this was not efficient, but in those pre-internet days it was better than betting on my local shop having a card of the player I was planning to get. Having a couple years of complete Topps sets was a great way to be sure I had cards of almost everyone who played in the majors.

Getting into autographs also meant that I had to make a decision about hobby orthodoxy. In those early 1990s there were a lot of rules. Rules about what cards to collect.* Rules about how to store them.** And rules about what condition to keep them in. Chief among the condition rules was that writing on a card was bad even if it was an autograph.

*Prospects, Rookies, Errors, and inserts.

**Rubber bands out. Binders OK. Toploaders better. Screwdown cases best.

It didn’t take me long to decide that rule was stupid but it’s also part of a larger debate that we still have in the hobby. For a lot of collectors, writing on a card does indeed ruin it. Even if it’s an autograph. For others like me, there are many cards which are enhanced by getting them signed. That there’s no one way of collecting is great but it feels like the autograph divide is one where neither group understands the other.

The appeal of cards as an autograph medium is pretty simple since it piggybacks on the same appeal as baseball cards themselves. They’re mass-produced photographs so they’re usually both the cheapest and easiest thing to find. They label who the subject is and have information about him on the back. They’re small enough to carry in a pocket or send through the mail in a regular envelope. And after they’re signed they’re easily stored and displayed.

But that doesn’t mean that just any card will do for an autograph. One of the fun things about talking autographs with other collectors is discussing what kinds of cards and designs we prefer to get signed.

First off, things we want to avoid. It’s inevitable that you’ll get cards where a player has signed on his face. Cards are small and there’s almost always a time crunch. Avoiding closely-cropped portraits and picking a card that doesn’t encourage face signing is an important factor to keep in mind.

Dark backgrounds are also dangerous. Especially if you’re sending a card out through the mail or otherwise can’t control the pen being used. When I was a kid my hands were tied because silver sharpies didn’t exist and I was limited in my card options. Now though I just assume that the dark backgrounds won’t work.

What I did end up liking? Simple photo-centric designs with the bare minimum of design elements. A name. A team. A border. Nothing else. These designs often underwhelmed me as cards* but I found that I really enjoyed them signed.

*As my photo and print literacy has improved I found myself appreciating the photos and design in many of these sets.

In many ways I got into the hobby at exactly the right time as the early 1990s were a heyday for these kind of designs. 1989–1993 Upper Deck and 1988–1993 (except 1990) Topps in particular were tailor-made for my autograph preferences and are still sets I return to when I can.

The rise of full-bleed photos also occurred during this time. I was scared of gloss as a kid but have started looking for these designs whenever I can now. They’re an even more extreme point in my “simple photo-centric design” preference but the key for me is that I like the ones which adhere to the simplicity.

A lot of the full-bleed designs are anything but simple with crazy graphics and other stuff going on. But the ones where the designs are essentially just typography? Beautiful. In the same way that many of the guys who don’t like signed cards prefer signed 8×10s, these function more as signed photos than anything else.

To be clear, I’m not against more colorful designs. They just require me to think extra hard about the way things will look. In addition to considering how the autograph will work with the image there’s the additional concern about how it will interact with the design.

These cases usually result in an autograph which isn’t as pronounced but ideally still combine a bright colorful design and a nicely signed image into a pleasant and presentable result.

With these less-simple designs there’s the possibility for the wonderful occurrence when everything works together perfectly and results in an even stronger look. Would these look better just as photos? Maybe. But for me the complete package of a strong design and a perfect signature/photo combination is something I especially enjoy.

And sometimes the point isn’t how things will look but just about getting a specific photo signed because it’s funny, important, or both. These are the requests I enjoy most because I can talk about the specific photo being one of my favorites and why I chose this specific card to get signed.

The key for me is to be as intentional as possible with my card choices. An important season. A specific team. A nice photo. A special event. A favorite design. Or just something silly like a picture of a player milking a cow.

DiMaggio’s really long streak

I ended my previous post with the teaser that neither the 1961 Topps “Baseball Thrills” subset nor its 2010 reboot, much less its 1959 precursor, included what I had grown up understanding to be the most incredible baseball feat of them all.

Rather than imagine the Topps intern assigned to building the checklist simply whiffed on Joltin’ Joe (or that there even was a Topps intern with such a job!), I have to believe Topps simply lacked the rights to feature DiMaggio’s likeness on cardboard. A look at other postwar sets during and after DiMaggio’s career show his absence in 1961 was definitely the rule and not the exception.

1933-1941 (AKA “Prewar,” depending where you lived!)

During the early part of the Clipper’s career, while he was not in EVERY set, one can say he tended to appear in every major set you’d expect to see him in, and then some, including these two gems from the 1933-36 Zeenut set.

Knowing DiMaggio didn’t make his Yankee debut until 1936, it’s not a big surprise that he didn’t appear in the three major gum card releases of the mid-1930s: 1933 Goudey, 1934 Goudey, and 1934-36 Diamond Stars. That said, his appearance in 1933 Goudey wouldn’t have been completely out of the question since that set did include 15 minor leaguers, including a fellow Pacific Coast Leaguer, Pete Scott.

Meanwhile, the 1934 Goudey and 1934-36 Diamond Stars checklists did not include any minor leaguers, so there’s no reason DiMaggio would have even been up for consideration.

Now some of you may know about the 1937 Diamond Stars extension set and surmise that Joltin’ Joe might have cracked that checklist. Unfortunately, all that seems to have survived is a single sheet of 12 cards, which of course DiMaggio is not on. All we can say for sure then is that if National Chicle did have a Diamond Stars card planned it would have been a gem!

The two-year stretch from 1936-37 did see DiMaggio appear on several cards, now as a Yankee, though there is room for debate among the collecting orthodoxy as to which constitute his true rookie card. (Don’t ask me, I’d vote for his San Francisco Seals cards!)

These four from 1936 have the benefit of being a year earlier than the 1937 cards, hence score a few more rookie points for their date of issue. On the other hand, all are of the oversized premium variety, which not all collectors put in the same category as the smaller cardboard offerings that come from packs of gum or cigarettes.

In fact, DiMaggio did crack one (cataloged as) 1936 (but really 1936-37) set of gum cards, but the fact that the World Wide Gum were only issued in Canada gives pause to a good many of the Hobby’s arbiters of rookiehood. If nothing else, though, note the nickname on the back of the card. A bit harder to read but the bio would not pass muster today in its reference to Joe as “a giant Italian.”

One of DiMaggio’s most sought after cards, rookie or not, was another Canada-only release and came out the following year under the later-on-much-more-famous O-Pee-Chee name.

Back in the U.S., DiMaggio made it onto two cards in 1937, but as with the preceding year they were both of the larger premium variety. The Goudey offering (left) is not much (any?) different from its 1936 counterpart, while the Exhibits 4-in-1 is particularly notable in its pairing of the Yankee Clipper with Lou Gehrig. (Oh, and the other two guys are pretty good also.)

It is finally in 1938 that Joltin’ Joe receives his first ever, God honest American gum card as a Yankee, thanks to the 1938 Goudey “Heads Up” set. Like the other 23 players on the checklist, he in fact appears twice, once with a plain background (card #250) and once with a cartoon background (card #274).

Finally, DiMaggio and Gehrig make it onto another 4-in-1 of Yankee legends, this time swapping out Tony Lazzeri for Bill Dickey.

To this point, just about every card I’ve shown, save the 1938 Goudey pair, has some level of oddball status attached. This was not the case from 1939-41 when Gum, Inc., hit the scene with its three year run of major bubble gum releases under the Play Ball name. Though the term is perhaps overused, I’ll throw DiMaggio’s 1941 card out there as one of the truly iconic cards of the Hobby.

The Play Ball cards weren’t DiMaggio’s only cards from that three-year stretch. He could also be found in the 1939-46 Exhibits “Salutations” set, yet another oversized offering…

And the 1941 Double Play set, where he was paired with his outfield neighbor, Charley Keller.

If there’s a theme to all of this, beyond just the opportunity to post a lot of incredible cards, it’s that Joe DiMaggio was no stranger to cardboard during the prewar portion of his career. On the contrary, he was in just about every major set there was, and then some!

1942-1951

These next ten years take us to the end of the Yankee Clipper’s career while also leading us through the wartime era where not a lot of card sets were being produced. DiMaggio cards didn’t simply follow the dip in overall card production but practically disappeared altogether.

Joe’s first card, post-1941, comes from the 1943 M.P. & Company card, a somewhat “off the radar” almost certainly unlicensed set, something we’ll see quite a bit more of as we proceed through this section of the article. (Side note: This set is screaming out for one of you to solve the remaining 21% of a mystery.)

Two notable aspects of the card are Joe’s position, right field (!), and the fact that his recent hitting streak is not mentioned.

The latter of these notables is addressed five years later in the 1948 Swell “Sport Thrills” set, which also happens to be the first gum card set of baseball highlights and a possible inspiration for the 1959 and 1961 cards Topps put out under a similar name.

First off, I’ll show the back of the card, which is everything you might expect to see in a card featuring The Streak.

However, the front of the card is more than a bit disappointing to DiMaggio collectors for obvious reasons. “Where have you gone, Joe DiMaggio?” indeed!

What I read into this card is that Sport Thrills did not have permission from DiMaggio to use his likeness on the card. Yes, it’s possible the folks at Swell truly considered “stopping the streak” a greater achievement than the streak itself, but I kind of doubt it.

But then again, look who made it onto the set’s Ted Williams card, so who knows!

1948 was also the year that Gum, Inc., reappeared on the scene, beginning an eight-year stretch (1948-55) of baseball card sets under the Bowman name. the Bowman sets managed to include pretty much every big name of the era but one: Joe DiMaggio.

Personally I would have loved to see the Yankee Clipper in one of these early Bowman sets, but a “what if” we can consider as collectors is whether the rights to Joe D. would have left another Yankee centerfielder off the checklist in 1951.

You might not have expected any mention of Topps so soon, but it’s worth noting that Topps made its baseball debut not in 1952 or even 1951 but in 1948 with 19 of the 252 cards in its Magic Photos release featuring baseball players.

The first five cards pictured could lead you to believe the players were all retired greats, but in fact six of the cards in the set featured images of the 1948 World Champion Cleveland Indians. Well shoot, this was the one year from 1947-53 that the Yankee’s didn’t win the World Series! Crazy to think it, but perhaps if the Yankees and not the Indians had signed Paige and Doby, there would be a playing career Topps card of Joe DiMaggio!

One of the least known (in terms of origin, not familiarity) releases of the era was the 1948 Blue Tint set. DiMaggio has a card in the set but in what’s emerging as a common theme the card (and entire set!) are believed to be unlicensed.

Similar to the 1938 Goudey cards a decade earlier, the 1948 1949 Leaf set finally presents us with an unambiguously mainstream, all-American, picture-on-the-front, New York Yankees card of the Clipper. It even boasts #1 in what is one of the earliest examples of “hero numbering” in a baseball card set.

Astute collectors may now say, “A-ha! That’s why he wasn’t in Bowman. Leaf signed him first.” However, my own belief is that Leaf not only didn’t sign DiMaggio but didn’t sign anyone, making this card as well as the rest of the set unlicensed. (As always, I would love it if a reader with more information is able to confirm or correct this in the comments.)

The next same year M.P. & Company was back with what I wrote about last year as the laziest set ever, adding to our tally of unlicensed Clipper cards. I rather like the blue added to Joe’s uniform since the 1943 release, but I don’t love the bio remaining unchanged even six years later.

In 1951 Topps hit the shelves in earnest with five different baseball offerings, a number that now feels small but was huge for its time. Though DiMaggio had already achieved all-time great status, there was no reason to expect him in the Connie Mack’s All-Stars set, in which the most modern player was Lou Gehrig.

However, there was reason to expect DiMaggio in the Current All-Stars set, which featured 11 participants from the 1950 All-Star Game. While DiMaggio wouldn’t consider the contest among his career highlights, having gone 0-3 and grounded into a double play, his presence at Comiskey that day at least qualified him for this tough Topps release.

Two other closely related Topps issues from 1951 were the Red Backs and Blue Backs. Though nobody would confuse their checklists for the top 104 stars of the era, it seems reasonable to think Topps would have gone with DiMaggio if they could have.

The final Topps offering of 1951 is one that seemed almost assured to include DiMaggio but didn’t. Topps Teams featured complete team photos of every team on the checklist, but there was only one problem. The checklist did not include the Yankees!

We close out the 1942-1951 stretch with the 1951 Berk Ross set, one that did in fact include a Joe DiMaggio card. In fact, there were two cards if we count his two-player panel with Granny Hamner as separate.

While not a lot is known about these Berk Ross cards, the one thing most collectors believe is that these cards, much like the other DiMaggio cards of the era, were unlicensed.

1952-1961

As much as some collectors, then and now, would have loved to see a 1952 Topps card of the Yankee Clipper, we of course know he did not crack the set’s 407-card checklist, nor should he have been expected to. While “career capper” cards are the norm today, the tradition at Topps for many years was to focus its flagship set on the players expected to play in the current season.

DiMaggio did find himself with an unlicensed career capper in the 1952 follow-up from Berk Ross

Beyond 1952 we are clearly in post-career territory, meaning DiMaggio cards would mainly rely on three types of issues: all-time greats, highlights, and reprints.

Of course that’s if we’re talking about the cards themselves. Joltin’ Joe was in fact the frontman for the 1953 Bowman set, his likeness and endorsement appearing on the boxes and the wrappers.

Side note: Topps liked the idea enough to try their own version of this in 1954.

The first opportunity for a post-career DiMaggio card came from Topps in 1954. If you’re confused, the set I’m talking about isn’t the 1954 Topps baseball set of Hank Aaron RC fame but a 1954 Topps set that mainly consisted of cards like this.

The 1954 Topps Scoop set captured 156 notable moments in our history, and four of them came from the world of baseball.

DiMaggio and his famous Streak would have been right at home in the set, but their absence was hardly conspicuous either given the primarily non-sports focus of the set.

The next opportunity for a DiMaggio card came in 1959 when Topps issued a ten-card Baseball Thrills subset as part of its main release. However, Topps focused all ten of the cards on current players.

The same year, Fleer issued its 80-card Ted Williams set. As the set’s name indicated, all the cards were of Ted Williams. At the same time, many of the cards included cameos of other players and personalities. As linked as the careers of Williams and DiMaggio were, a card of the pair would have fit the set perfectly.

The very next year, Fleer issued the first of its two “Baseball Greats” sets. The checklist boasted 78 retired greats and one active player (an eyesore of a Ted Williams card) but no Joe DiMaggio.

The checklist nearly doubled to 154 cards in 1961, leaving plenty of room for Joltin’ Joe. Of course, he was nowhere to be found.

Another player highlighting the history of the game in 1960 and 1961 was Nu-Cards. Their 1960 “Hi-Lites” set of 72 postcard sized cards was at the time the largest set of its kind ever issued. Two of the set’s cards featured DiMaggio, ending his decade-long exile from cardboard.

The 1961 Nu-Card “Scoops” set, one of my favorites, added 80 cards, now standard sized, but numbered as if the set were much larger. Again, DiMaggio makes the set twice.

As already mentioned, Topps was also back in 1961 with “Baseball Thrills,” but this time they departed from the 1959 version by including mostly retired stars. Still no Joe.

Nostalgia was evidently in the air in 1961 as yet another player entered the scene with an all-time greats offering. Golden Press produced a booklet of 33 cards that I rate among the best looking ever made.

I don’t know enough about the Nu-cards and Golden Press sets to know if DiMaggio’s image was used with his permission or if perhaps different rules might have applied when cards were issued in book form, as was the case with Golden Press. What I will say is that his absence from the biggies (Topps, Fleer), particularly on the 20th anniversary of the Streak, was more than just accidental.

1962-1971

This next ten-year stretch is one that was fairly thin on tribute cards, so there were few sets produced were a DiMaggio would have made sense.

The 1962 Topps set included its ten-card “Babe Ruth Special” subset, no doubt timed with the falling of Babe’s single-season home run record the year before. It was a fun set but not one that Joe DiMaggio would have belonged in.

DiMaggio did make an appearance in a 1967 set that might cause some collectors to say, “Hey, he finally got a Topps card!” The card came in the “Retirado” subset of the 1967 Venezuelan issue often referred to as Topps Venezuelan. However, the set was almost certainly not produced by Topps, and was more than likely a…you guessed it…unlicensed issue. (A future SABR Baseball Cards article will cover this topic in more detail.)

Bazooka issued an all-time greats set in 1969-70 that included small cards of baseball’s immortals and larger cards of baseball’s greatest achievements. In this case, DiMaggio might have fit either but ended up in neither.

To the delight of eagle-eyed collectors in 1970, the Yankee Clipper did make a cameo on the Oakland Athletics team card. However, I am not among the Hobby contingent that regards team cards as player cards, meaning I personally don’t treat this as a Joe DiMaggio card.


Topps again featured amazing achievements in its 1971 “Greatest Moments” set. However, with all moments coming from current players, there would have been no place for Joe D.

As in the previous ten years it would be up to the smaller players to keep Joe DiMaggio’s cardboard legacy alive. One such player was Robert Laughlin, later affiliated with various Fleer sets of the 1970s. His cult classic World Series set (original version) from 1967 featured DiMaggio as the broom swinger of the 1939 Fall Classic.

With production of these Laughlin cards limited to 300 sets, collectors were forced to head to Oakland area Jack in the Box restaurants to feed their appetite for the Clipper, though it’s possible the younger burger eaters would have been even happier to land a different Yankee slugger.

1972-1979

The birth of TCMA in 1972 almost single-handedly accounted for the rapid spike in DiMaggio cards over the next decade, with Robert Laughlin and Shakey’s Pizza doing their part as well.

Two Robert Laughlin offerings that included DiMaggio were the 1972 “Great Feats” set and the 1974 “All-Star Games” set.

The “Great Feats” set, with mostly minor changes, became Fleer’s 1973 “Baseball’s Greatest Feats” set. One major change, however, was that DiMaggio’s card was dropped, almost certainly out of legal fears by Fleer.

TCMA’s first DiMaggio card was part of a beautiful set dedicated to the All-Time New York Yankee Team.

As were the Laughlin cards, TCMA cards were unlicensed and sold direct to hobbyists by mail order. Lawsuits would eventually hit TCMA, but at least for the time being they were able to issue cards of the Clipper with impunity. I can certainly see their “1930s League Leaders” card (left) from 1973 escaping the notice of Joe and his legal team, though was sufficiently under the radar, but I wonder if their 1973-74 “Autograph Series,” designed for signature by the players, might have been pushing things just a bit.

Among TCMA’s other DiMaggio offerings around this time were these postcards pairing the Yankee Clipper with other top-shelf Hall of Famers.

TCMA’s 1936-39 Yankees Dynasty set, issued in 1974, produced another two cards of Joe DiMaggio.

And if you couldn’t get enough DiMaggio/Williams cards, TCMA had your back in 1974 with its “1940s League Leaders” set.

I know a lot of collectors knock the unlicensed stuff, but I’m personally thrilled that TCMA was out there creating the cards that needed to be created. Topps had more than 20 years to figure out a way to pair Joe D. and Teddy Ballgame, and it never happened. This card needed to happen, and I’m glad it did.

We’ll take a quick intermission from TCMA cards to present a three-year run (1975-77) of DiMaggio cards from Shakey’s Pizza.

And now we’re back with more TCMA, this time a 1975 reboot of their All-Time Yankees set featuring all new photos.

Reprint cards and sets hit the hobby mainstream in 1977, including these two cards of DiMaggio, both originally from 1938. The first came from Bert Randolph Sugar’s book of “Dover Reprints” and the second came from Jim Rowe. (DiMaggio’s 1941 Play Ball card would come out as a Dover Reprint the following year.)

1977 was also the year that Renata Galasso began her 270-card magnum opus known alternately as “Decade Greats” and “Glossy Greats.” The first series of 45 cards, issued in 1977 in partnership with TCMA, assigned its very first card to Joe DiMaggio. (DiMaggio returned to the set in the 1984 Series 6 release.)

Evidently it was very much in vogue to lead off a set’s checklist with the Yankee Clipper as we see it happen two more times in 1979 TCMA issues, their 1953 Bowman-like “Stars of the 1950s” and their lesser known “Diamond Greats” set.

Before heading to 1980, I’ll just note that we’ve made it to 1979 with not a single Topps card of DiMaggio and possibly not a single licensed card from any company since either 1941 or 1948.

1980-present

The Me Decade kicked off with a beautiful Perez-Steele postcard of the Clipper. Dick Perez was not yet associated with Donruss, but Dick would soon lend his artwork to multiple all-time greats sets produced by Donruss over the next few years. You can probably guess whether or not those sets would include Joe DiMaggio. (Interestingly, there was no DiMaggio in the 108 “Great Moments” postcards released by Perez-Steele from 1985-1997. Ditto for the 44-card Perez-Steele “Celebration” series in 1989.)

DiMaggio was in an 30-card unlicensed set of “Baseball Legends” produced by Cramer Sports Promotions, the company that would soon become Pacific Trading Cards.

While other card makers joined the party, TCMA was still king in the early 1980s when it came to the all-time greats. Their third go-round of an All-Time Yankees set presented collectors with an early version of a “rainbow” nearly 40 years after Goudey did the same.

This same year, TCMA also included DiMaggio in its “Baseball Immortals” issued under their SSPC brand.

These 1980 “Superstars” are sometimes listed as TCMA and sometimes listed under the Seckeli name. (Andrew Aronstein, son of TCMA co-founder Mike Aronstein, believes the cards were sold by TCMA but not produced by TCMA. The Standard Catalog notes the cards were probably produced by Card Collectors Closet in Springfield, MA.) The set included 45 cards in all and five of DiMaggio.

A second series of 45 cards followed in 1982, this time with some non-baseball cards in the checklist and only a single DiMaggio.

The same year, Baseball Card News put out a set of 20 cards, including two with DiMaggio, one solo and one alongside Bob Feller.

1982 also saw three more TCMA sets with DiMaggio cards. Baseball’s Greatest Hitters and Baseball’s Greatest Sluggers featured standard sized baseball cards, and “Stars of the 50s” featured larger postcard-sized cards.

The streak of (probably) unlicensed DiMaggio cards finally met its end following the release of one last (probably) unlicensed DiMaggio card from the Big League Collectibles “Diamond Classics” set.

Before presenting the licensed DiMaggio issue, we’ll take one quick detour to highlight a set DiMaggio should have been in but wasn’t. The 1983 Donruss “Hall of Fame Heroes”set of 44 cards presented a terrific opportunity for DiMaggio to make his “big three” debut. (Donruss continued to put out all-time greats sets in 1984 and 1985 but neither included Joe D.)

Instead, DiMaggio signed on with Authentic Sports Autographs (ASA) for a twelve-card, limited edition set consisting entirely of DiMaggio cards.

I suspect “The Joe DiMaggio Story” by ASA represented the first time the Yankee Clipper got paid for his likeness on a baseball card in 42 years.

Rather than continue set by set, I’ll refer readers to an article from Night Owl Cards on DiMaggio’s more modern issues (or lack thereof) and simply close with some highlights.

DiMaggio’s next appearance with a major baseball card maker, which for now I’ll define as holding an MLB/MLBPA license, came in 1986 as part of the Sportflics “Decade Greats” set.

I can’t say for certain, but I think this was the first DiMaggio card to come out of a pack since 1961’s Nu-Card Scoops set.

Contrast this with the 1985 Topps/Circle K “All-Time Home Run Kings” box set, where the Yankee Clipper was represented OBO (“on box only”). On the bright side for Lee May collectors, DiMaggio’s hard pass on the set is likely what got May in, since 33 cards was a much more typical number for sets than 34.

I hate to bill this next one as “major card maker,” but it fits the definition I offered earlier. So here it is, 1989 Starting Lineup Baseball Greats.

The next major card maker to score a deal with Joe was, well, Score, in 1992. Several different cards, most very nice looking, were inserts either in packs or factory sets. The relationship would migrate to Score’s Pinnacle brand in 1993.

DiMaggio finally made his Fleer debut in 1998, though it was in a somewhat unusual way. The card was part of Fleer’s tribute to the Sports Collectors Digest hobby publication and showed DiMaggio signing cards for Pinnacle in 1993. How many times do you see one brand of baseball cards featured on another?

It was only a matter of time before Upper Deck got into the DiMaggio derby, though it would have to be posthumously. The relationship would continue until more or less the baseball (mostly) death of the company in 2010.

And what about Topps? The “baseball card company of record” at long last issued its first Joe DiMaggio card in 2001 as part of the “Before There Was Topps” subset. (For all those Mantle collectors who regard the 1952 Topps as Mantle’s rookie due to its being his first Topps card, I present to you your DiMaggio rookie!)

Topps would really jump into the DiMaggio game in 2007 and to this day remains your most likely source for future DiMaggio cards, even if Topps does not have an agreement in place at the moment. Overall though, Topps produced baseball cards from 1948-2000, a span of 53 years, with no Joe DiMaggio. Topps didn’t quite match 56, who who the hell ever will?

So all of this was my really long way of saying that it makes sense there was no Streak card in the 1961 Topps Baseball Thrills subset. Too bad though, it would have been a helluva card!

Dodger-Giant double agents

Author’s note: I originally planned this article in two parts, the first of which was published earlier in the week. I’ve since decided it works better combined into a single article, so here it is all in once place. J.A.S.

In the nearly 120 years of the great Dodger-Giant rivalry, more than 200 players have suited up for both sides, either as a player or manager, including 22 Hall of Famers. For most of these men it is an easy undertaking to find cards of them as Dodgers and as Giants.

Most often their Dodger and Giant cards come from different years or different sets, as in the case of the two Frank Robinson cards pictured, eleven years apart. However, it is sometimes possible to find these Dodger-Giant pairings within a single set.

When this happens, the player (or manager) achieves true “double agent” status, turns from hero to villain (or vice versa) among the team faithful, earns the double-takes of many a collector, and most importantly attains immortality with a spot in this article.

In the sections that follow, I will present a chronological list of the nearly two dozen Dodger-Giant double agents I could track down in my research. Please let me know in the comments if I missed anyone.

1903-04

Source: The Evening World (New York, New York), December 14, 1903

On December 12, 1903, the Brooklyn Superbas sent Bill Dahlen to New York for Charlie Babb and Jack Cronin. As a result, Dahlen can be found with both squads in the 1903-04 Breisch-Williams (E107) set and has the honor of being the first ever Dodger-Giant double agent.

1914-15

Here is one that really doesn’t count but is interesting enough to include nonetheless. On August 31, 1915, the Brooklyn Robins claimed Hall of Fame hurler Rube Marquard off waivers following his release by the Giants. Look close, however, and you’ll see Marquard’s 1915 card puts him with the other Brooklyn team, the Tip Tops of the Federal League!

I originally thought the fine folks at Cracker Jack had simply erred until Ralph Carhart helped explain things.

As Ralph noted, Rube’s “Tip Top flip flop” may offer us a clue to the Cracker Jack production calendar. I’ll further offer that the NYG still on Marquard’s uniform could signal that “the drama was playing out” after it was too late to change art but not too late to change type.

1933

On June 16, 1933, the Giants traded Sam Leslie to the Dodgers for Watty Clark and Lefty O’Doul. Clark had only a single 1933 Goudey card, which depicted him as a Dodger, while Leslie had no 1933 cards at all. O’Doul, on the other hand, had two cards in the Goudey set: one as a Dodger and one as a Giant.

The first card came early in the year as part of the set’s third sheet while his second card, along with those of numerous other Giants and Senators, was something of a bonus card as part of the set’s World Series (sheet 10) release.

1948

In July 1948 Brooklyn general manager Branch Rickey and New York owner Horace Stoneham came to an agreement that allowed Brooklyn manager Leo Durocher to take over the Giants. The 1948 R346 “Blue Tint” set noted the update and may well have inspired future Topps airbrushers with its treatment of Durocher’s cap.

1982

A part of my childhood was destroyed when Reggie Smith left the Dodgers and signed as a free agent with San Francisco on February 27, 1982. A giant (okay, pun intended) setback in my grieving process came when Topps pushed out its Traded set for the year and documented the move in cardboard. But alas, at least we still had Dusty!

As a side note, the Traded card presents an interesting blend of numbers for the man who formerly wore #8 with the Dodgers and would wear #14 with the Giants. His jersey shows him as #60 while his bat has a 30 on it, which I take to mean it belonged to teammate Chili Davis.

1984

No-o-o-o-o-o-o-o! They got Dusty too?! Sadly it was no April Fools joke when the Giants signed fan favorite Dusty Baker as a free agent on April 1, 1984, and this two Traded/Update sets were there to ratify the trauma.

1985

A rare trade between the Dodgers and Giants on December 11, 1985 produced two more double agents. The first was fan favorite Candy Maldonado, who like Baker before him made both the Topps and Fleer sets.

And on the back end of that same trade…

Oddly, neither Trevino nor Maldonado cracked the 660-card 1986 Donruss checklist despite the set including 21 different Giants and 24 different Dodgers. In Trevino’s case, he was San Francisco’s primary back-up catcher behind Bob Brenley played in 57 games. As for Maldonado, he played in 123 games, leading all reserve players and ranking eighth overall on the team.

1991

Fast forward to 1991 and the number of baseball card sets had reached absurd levels. Therefore, it should be no surprise that when free agent superstar Gary Carter signed with the Dodgers on March 26, 1991, he would set new records for cardboard double agency.

First here’s Topps.

Next up are the Kid’s two Fleer cards. Warning: Sunglasses may be required.

Upper Deck was of course also in the act by now.

And finally, Score put out two Carter cards as well, ridiculously similar to each other to the point of almost seeming impossible.

A similar octet of cards belonged to Brett Butler this same year, with Bugsy landing in Los Angeles via free agency on December 14, 1990.

1992

Dave Anderson signed with the Dodgers as a free agent on January 28, 1992, but this time only one company, Score, seemed to take notice.

1993

It was Fleer and only Fleer on the job when Todd Benzinger headed north to San Francisco as a free agent on January 13, 1993.

Meanwhile, Cory Snyder got three times the cardboard love when he took his talents to L.A. on December 5, 1992. Score Select was particularly ambitious, dropping Snyder out of an airplane for their photo shoot.

1994

On June 19, 1994, following his release from the Dodgers, the Giants signed Darryl Strawberry to a cup of coffee. Little used by both teams in 1994, Darryl hit double agent status with only a single cardmaker, Fleer.

1998

On December 8, 1997, infielder Jose Vizcaino signed with the Dodgers as a free agent after playing the regular season with the Giants. However, the baseball card production process was by this time so fast that nearly all of Vizcaino’s base cards already had him as a Dodger. As a result, his double agency was limited to the 1998 Fleer Tradition set only.

2000

On January 11, 2000, F.P. Santangelo signed with the Dodgers as a free agent. While very few companies even had a single card of the oft abbreviated Frank-Paul, Upper Deck came through with cards on both sides of the cardboard rivalry.

2003

The Giants signed Gold Glove centerfielder Marquis Grissom as a free agency on December 7, 2002, leading to a pair of Fleer Tradition cards based on Fleer’s sharp 1963 design.

Curiously, the Fleer Tradition Update cards (not just Grissom’s) omitted the city from team names. If there’s any story to it, let me know in the comments.

2006

On January 3, 2006, pitcher Brett Tomko signed a free agent deal with the Dodgers. If nothing else, the move gave Topps a chance to show off how far they’d come since their drunken airbrush days. Scary good if you ask me.

Tomko’s Dodger card above came from a Dodger-specific team set, but he also earned a card in the Topps Updates and Highlights set for good measure.

2007

When the Dodgers signed all-star right-hander Jason Schmidt on December 6, 2006, no two companies went the same route. First up, Fleer simply turned back the clock to the days of 1981 Donruss.

Meanwhile Topps ventured back to 1983 and the Fleer Joel Youngblood card or Eddie Murphy movie with this special insert…

…while also going full Tomko across their Pepsi and Opening Day releases.

Upper Deck came through with a nice pair of landscape Schmidt cards, though neither is a true Giants card since both go with Dodgers in the header.

Would I be remiss if I didn’t report that the first of the two Schmidt cards is also available in Gold, Predictor Green, and First Edition? Take your pick I guess!

2009

Brad Penny signed as a free agent with the Giants on August 31, 2009, following half a season with the Red Sox and a longer stint before that with L.A. This landed Penny cards on three teams in 2009, including double agent status with Topps Heritage.

2013

The final player (as of 2019) with a Dodger and Giant card from the same set is Brian Wilson, who signed as a free agent with the Dodgers mid-season on July 30, 2013. Lucky for you, Topps was there to document the before and after in pretty much every possible color!

analysis

On one hand, Dodger-Giant double agents reflect an oddball phenomenon of at best passing interest to fans of either of the two teams. However, their distinctly non-random occurrences over the years also point to important changes in the game and the hobby.

Just looking at the graph, it is possible to see all of the following:

  • Prevalence of multi-year issues in the early days of the hobby
  • Increased player movement with the advent of free agency
  • Introduction of Traded/Update sets
  • Increase in the number of companies issuing sets (1981-2008)
  • Reduction in the number of companies issuing sets (2009-present)

I will leave it to others to identify the cardboard double-agents of baseball’s other great rivalries (e.g., Yankees-Red Sox), but I’ll hazard a guess already that a graph of the data would look very much like mine.

Positions, Positions, Positions

Name, Team, Position. Those are the three most standard pieces of information conveyed on the obverse of a baseball card. Of the three, position is the one that is most often left out. While it is certainly isn’t hard to find examples of cards not bearing the name or team on the frontside, position is the only piece of this trio that feels kind of optional. Player positions were included on many of the earliest cards sets ever issued and remained a staple of card design until the fabled T206 set – which listed a player’s name and team home city only – seemed to put the designation out of style. Over the next few decades, many of the most iconic sets – Goudey, Cracker Jack, Leaf – ignored the position as an element of design. Bowman hit the scene in 1948 and went even more minimalist, rarely going so far as to even include the player’s name on the front of the card.

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1972, the only Topps set between 1953 and 1986 not to indicate a position on the front.

But then Topps took over, aside from their 1951 and 1952 issues, included a position on the front of each of their sets until 1972, and again for each set between 1973 and 1986. The indicator vanished between 1987 and 1990 and was an on-and-off feature until 2014, when it returned for seven straight sets (including 2020) – Topps’ longest run of position-indicating since the 1980s. Donruss included a position on every one of its designs until 1998 and Fleer did the same, using the indicator on every flagship set the brand issued. Upper Deck ignored the position on just two of its flagship sets (1992 and 2004).

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This is not information that most collectors would have at the ready. Most collectors probably take the position bug for granted. I know I usually do. But being so ubiquitous (even in its absence), an unusual position indicator can make for a pretty memorable card. Herb Washington’s 1975 “Pinch Run.” is probably the most famous of these. But there are others that I recall standing out to me as a kid – Pete Rose cards where he was listed an “MGR-1B” seemed other-worldly, the 1990 Score John Olerud listed him as an “OF-P” (all while shown playing first base) made him seem like some kind of top-secret government project, and the 1989 Topps Kirk Gibson All Star that listed him as a “PH” was as jarring as it was confusing (this was done, I assume to give the NL team a DH player without using the league-inappropriate term).

A particular player’s position listing can also convey some emotion. Robin Yount listed as a shortstop or George Brett as a third baseman make them seem as though they’ll be young forever. But finding Reggie Jackson or Henry Aaron or Dave Winfield listed as a DH will bring a note of sadness that the end is near.

But of all the weird positional quirks that have happened over the years, there is nothing so fascinating to me as what happened with Paul Molitor in 1991. That was the year the versatile Brewer was listed at FIVE different positions on various cards and appeared with SEVEN different position indicators. This is, I believe, the greatest positional variety for a player in a single year ever (ignoring THIS, of course). So what happened here?

Well, Paul Molitor had historically been a trick player to pin down position-wise. He came up as a shortstop, getting his first change in the bigs when Robin Yount left the Brewers during Spring Training 1978. He only played 33 games at short that season, but it was enough to have him listed as a pure SS on his 1979 card. He played 10 games at short in 1979 and 12 in 1980, but maintained a dual listed as an “SS-2B” on Topps 1980 and 1981 issues. After spending all of 1981 in the outfield, Topps gave him the rare “2B-SS-OF” listing on his 1982 card. Molly moved to third base in 1982, and played there primarily for most of the next five years. Topps reacted in kind and listed his as either a 3B or 3B/DH through the end of the decade.

Donruss and Fleer, entering the market in 1981, both listed him as a 2B in their debut sets. Fleer gave him a pure (and accurate) OF tag in 1982, whereas Donruss went with the very broad “OF/IF” brand. Both brands followed suit with Topps and used 3B and DH marks exclusively through 1990. Upper Deck and Score did the same.

But Molitor had returned to his utility player roots by the late 1980s. He appeared in 19 games at second base in 1987 and 16 in 1989. Late in 1989, regular second-sacker Jim Gantner suffered a devastating knee injury on a wipe-out slide by the Yankees Marcus Lawton and Molitor took over regular duty at the position until Gantner was able to return mid-way through the 1990 season. Molitor, who suffered a number of injuries of his own that season, ended up playing 60 games at second base in ‘90, 37 at first base (the first time he’d manned that spot), and a handful at third and as a DH. Gantner ended the season as the regular second baseman and Molitor at prime man at first. After the season, the Brewers traded Dave Parker, who had been an All Star for them in 1990, opening the door for the now-34 year old Molitor to become the team’s regular  DH for the first time.

So, the long-time third baseman who had been playing second but was also being used at first, where he was now expected to see more time when he wasn’t DHing. Got all that? Card makers sure did.

8712-505430Fr

By my count, Molitor appeared on 21 different base cards in 1991 (I’m ignoring sets like Topps Micro and OPC here that merely reproduce other sets). All but Classic listed a position on their cards. He was most commonly listed at 3B, a dubious claim considering he’d only played two games there in 1990. But strong is the power of tradition. Topps listed him there, using that mark on the Bowman, Stadium Club, and OPC Premium sets as well. Fleer also considered him a 3B, as they had at least in part since 1983. Even Score listed him at the position, despite taking the rather bold stance of being the only card maker to declare him a pure DH on a 1980s issue (1988). Those two games in ’90 got a lot of mileage, I guess.

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Five cards listed him at 1B, a nice compromise between his audition there in 1990 and his projected role in 1991. Magazine cards were fond of this mark, as Baseball Cards Magazine, Sports Collectors Digest, and Sports Illustrated for Kids all used it on their in-mag cards, as did Donruss and (curiously) Fleer Ultra, which ran against the flagship’s opinion that Molitor was still a 3B.

Three cards gave him a generic IF designation: two Brewers-issued sets (which used the frustrating device of considering anyone who played in the infield an IF) and the Score Superstars stand-alone set, which also broke with its parent brand and made its own positional distinction.

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A pair of sets were forward-looking enough to list Molitor as a pure DH, Leaf and Studio. I recall these as later-year issues and were probably a reaction to Molitor’s role early on the 1991 season, in which he only appeared in the field once before late May.

Then, we have some true outliers. Upper Deck, showing that rebel streak that remade the hobby, boldly listed Molitor as a 2B in their set, and even used a photo of him playing the position. The semi-obscure Petro Canada Standup set also listed him as a 2B, but you had to actually stand the card up to discover this fact. Panini, in its sticker set, was the only brand to use a hybrid mark, listing Molitor was a “1B-2B,” his only 1991 card to accurately reflect upon his 1990 season.

And then there is 1991 US Playing Card set. In here, Molitor (as the Eight of Hearts) is listed as a centerfielder.

73197-8HFr

Hmm.

At this time, Molitor hadn’t played the outfield since a handful of games in 1986 and hadn’t been in center since 1981. Were they boldly expecting Molitor to take over in center for Robin Yount in 1991? My guess is that this is probably just an outright error. None of the other outfielder cards in the deck are given a specific OF spot (LF, CF, RF), and I can’t find anything that indicated they were acting on some of weird rumor of an unexpected position change. But nonetheless, the card exists and only adds to the positional confusion.

Oddly enough, all this positioning and repositioning for Molitor quickly became a moot point. Following the end of the 1990 season, Molitor would play first base and DH exclusively. His cards reflected this. For the most part. For 1992, Topps again branded him at a 3B across most of its sets despite his not having played there regularly since 1989. And, not to be outdone by their 1991 goof, the US Playing Card company issued two decks with Molitor cards in 1992 – one listing him at 2B and the other at SS – where Molitor hadn’t appeared since 1982 (his 1993 USPC card has him mercifully listed as an IF). At least it’s a consistent decade-long lag time, right? For 1993, only the Post Cereal Company still listed him at 3B. Card makers had finally accepted him for what had become – a DH and part-time 1B.

For his career, Molitor was listed on cards as a 1B, 2B, SS, 3B, IF, OF, CF, DH, 1B/DH, 2B/SS/OF, 2B/SS, SS/2B, 3B/DH, OF/IF, DH/1B, and DH/3B – not to mention post-career cards as a coach and manager. That’s 18 different listings (and perhaps more that I have missed) to describe a single remarkable career.