New Dick Perez film features card set

In what came as wonderful and welcome news to card collectors of a certain vintage, filmmaker Marq Evans announced Monday his plans for a full-length feature film on legendary baseball artist Dick Perez, along with a Kickstarter campaign to fund the effort.

Helping break the story was SABR member and junk wax savant Ryan Fagan of the Sporting News.

Since that time, Marq and Dick have appeared on several livestreams and podcasts, offering collectors some fun behind-the-scenes stories about the Donruss Diamond Kings, Dick’s other artistic ventures, and of course the film itself. Here is a nice sampling.

Marq has also released several short clips from “The Diamond King” as part of his promotional efforts of the film and its Kickstarter campaign. All are worth a watch or listen. For example, here is a clip of Dick sharing his memories as a young collector in the 1950s.

Marq was kind enough to provide SABR Baseball Cards with some previously unseen images from the 22-card baseball card set accompanying the film. The majority of the set features Hall of Famers personally selected as “Diamond Immortals” by Dick, but there are also five players not yet enshrined in Cooperstown. Their cards bear the “Diamond Destiny” moniker.

UPDATE: The set has now been upped to 25 cards!

Dick has also designed backs for the cards, as seen in these mockups.

A total of 499 sets will be produced, individually serial numbered and available only through the film’s Kickstarter page. Here is the complete checklist.

2023 Dick Perez “Diamond Immortals” checklist

Additionally, Marq and Dick were both generous with their time in providing me the opportunity to interview them about “The Diamond King,” the new baseball card set, and whatever else popped into my head.

SABR Baseball Cards: Let’s begin with your earliest memories as a card collector. We’ll start with Dick.

Dick Perez: Baseball cards were another grand feature of Spring: warmer weather, schooldays coming to an end, the birth of another baseball season, and the reappearance of baseball cards. I was hooked on baseball and the imagery that brought my heroes to life. 

Marq Evans: Baseball was my life as a kid, and from age 7 to about 13 I was all about collecting cards. Every dollar I earned from chores, every birthday or Christmas present, it went towards cards. When Ken Griffey Jr. came on the scene in 1989 he instantly became my favorite player and the main focus of my collection. I collected hundreds of his cards and pretty much every weekend was spent at the local card shop to see what the new stock was. 

SABR Baseball Cards: Dick, you grew up in an era where baseball cards and art were inseparable. What impression did the artwork of the early 1950s baseball cards make on you?

Dick Perez: I became interested in baseball cards in 1952.  Although at the time I thought they were photographic, they had a special look. The 1953 issue of the cards was even better. They looked more artistic. I still believed they were photographic, but in 1954 the imaging of baseball cards changed. It was later in life that I learned that the ’52 and ’53 cards were produced by artists. It seems that the goal was  to make those hand painted cards look like photos. That is something I strive not to do when I create my baseball images. I want the viewer to know for sure that a hand was responsible for the work.

SABR Baseball Cards: Visually, did you have any favorites from the 1953 set?

Dick Perez: My favorites from that ’53 set were Jackie Robinson, Luke Easter, Mickey Mantle, Satchel Paige, Al Schoendienst, Joe Collins, Monte Irvin, Vinegar Bend Mizell and Ted Wilks in that order.

Best of 1953 Topps in order!

SABR Baseball Cards: Exceptional choices from top to bottom! How about you, Marq? I know you started collecting a little bit later than Dick. Was there a set in particular you liked best?

Marq Evans: I just loved cards and don’t remember having a favorite set as a kid. The hunt for Griffey brought me to just about every set there was. I do recall having a distinct emotional connection to the Donruss Diamond King cards and they became a set I looked forward to every year. It’s funny though, I don’t think back then I ever thought about the artist that was painting these cards. I just thought they were cool. It wasn’t until decades later that became curious about the artist behind these great images.

SABR Baseball Cards: I suppose that’s a great opportunity for me to ask. How did the idea for this film come about?

Marq Evans: When I read about Dick’s journey, coming to New York at age 6 and learning English and about America through the game of baseball, and his inspiring life story, I thought there was the potential to make a film about baseball through his life and work.

SABR Baseball Cards: And how did that go?

Marq Evans: I sent Dick a blind email just introducing myself and seeing if he was interested in discussing the concept. To my delight he said he’d be happy to talk. We really hit it off right away and he has been a great participant and collaborator in this whole process. He’s an insanely talented artist, of course, but an even better person.

SABR Baseball Cards: Dick, you’ve created your first brand new baseball set in way too long as part of the fundraising for the film. The inclusion of both Orator O’Rourke and J-Rod tells me you were fairly intentional in your player checklist. What was your approach to selecting 22 players from all of baseball history?

Dick Perez: Many of the players chosen for the set are players I knew personally, painted often, played tennis with, or worked together with on some project. There is an even longer list, which still could appear later on. It is possible we may make the card set grow some. 

SABR Baseball Cards: Marq, are there other things collectors should know about these cards?

Marq Evans: I love how the set spans the whole history of baseball from the origins until today. I’ll just add that the printer that is printing this set did the last several years of Diamond Kings, so we’re getting some of the old team back together. Finally, our Kickstarter has more than just the baseball card set. For example, we have a limited edition Aaron Judge print numbered to 99 and Dick’s original artwork of Shohei Ohtani!

SABR Baseball Cards: This may sound like an odd question, but many collectors care about such details. Will the card set’s serial numbering be reflected on the packaging only, or will each card be individually numbered?

Marq Evans: Each card. For example, the 50th set ordered through our Kickstarter campaign will have all 22 of its cards individually numbered 50/499.

SABR Baseball Cards: Now you have me hoping the 21st set ends up with a Clemente collector and set 99 goes to a Judge fan! Just one last question. Dick this one will take you back 40 years if that’s okay. The 1983 Donruss Hall of Fame Heroes set represented the first time cards of Negro Leaguers Josh Gibson and Cool Papa Bell could ever be pulled from packs, at least in this country. What inspired you to include them in the set?

Dick Perez: I guess it was to emphasize the point that there were players from the Negro Leagues who were just as great as any Hall of Fame member. They are now part of the heritage that institution honors. 

SABR Baseball Cards: Thank you, gentleman. Best of luck with the film. I’ll be keeping my fingers crossed that there’s an Oscar in your future!

Oscar Charleston by Dick Perez

Of Pack Nights and Rub Downs (It’s Not What You Think)

One of the great inventions in recent hobby history is the invention of Pack Night. Created by a group of Chicago friends/SABR members, Pack Night is simply joyful – a small band of pals get together with unopened boxes of packs, mostly from the 1980’s and 1990’s and split them equally, trading, sharing, and gabbing about cards and baseball for hours. And there’s pizza and beer. The generous spirit of Pack Night is what makes it special – Dodger collectors get Dodger cards, Cub collectors get Cub cards, set builders are helped to build sets. And there’s pizza and beer.

Pack Night made a rare road appearance two weeks ago in Cooperstown. Almost 20 baseball friends came to the village and hung out for the weekend. There was a Pack Night to end all Pack Nights. Not only was there a giant table piled high with boxes and packs, but there were multiple tables set up with free stuff that was up for grabs (I left with a bag full of RC Cola cans I didn’t have).

One thing that’s difficult about Pack Night is that the product can get repetitive. Lots of 1988 Donruss make their way to the table. Same for 1990 Topps. It ain’t called “junk wax” for nuthin’. Twitterless Rich, a non-social media member of the core Chicago gang, keeps a spreadsheet of what’s been opened. It’s both helpful and frustrating, because it’s awfully tough to find a rarity, but I was determined to find something that hadn’t been opened before. And I did – a box of 1984 Topps Rub Downs.

I was intrigued when I stumbled upon these. I had never heard of them. The cards, such as they are, are lightweight stock, like tracing paper, with images you can transfer from the Rub Down sheet to wherever. They’re slightly smaller than regular cards and come two to a pack. That’s 72 in a box and there are 32 in the set.

I was very excited to open these packs and, maybe, I could cobble together a set. I wasn’t tied to anything else I was opening and was happy to give them all away. My goal was to come away with a complete set of Rub Downs and I announced to the long table that, if anyone didn’t want theirs, they should send them my way.

To my surprise I didn’t do very well, leaving with only about half the set. However, the sharing philosophy of Pack Night does not end at the door. I put out an ask to our Cooperstown group via Twitter DM and I was quickly two shy of complete. Those last two were easy to find on Sportlots, cheaply (even though one Rub Down featured Steve Carlton and the other Mike Schmidt).

Fun to put together, fun to have. There’s a 1985 set, but some of the Rub Down sheets are the same as the 1984 version, the only difference being the date stamp. There are new players – Gwynn, Boddicker, Gooden,etc. – scattered throughout. Maybe I’ll buy one, but one set may be enough. It wouldn’t be the same anyway; my 1984 set is inextricably connected to a special weekend in Cooperstown, and that makes all the difference in the world.

We Love You, But Not That Much: The Puzzling Paucity of Broadcaster Baseball Cards

No Cardboard Love for the Announcers

Baseball announcers occupy an odd space that straddles the line between team members and adoring fans. They often enjoy tenures longer than players and managers and can weather multiple ownership changes. Some broadcasters even become so connected with a ballclub’s identity that their popularity rivals the team’s Hall of Fame ballplayers. Numerous broadcasters have been inducted into team halls of fame and 47 individuals have received the Ford C. Frick Award, presented annually to a broadcaster for “major contributions to baseball,” an honor that includes recognition (but not official enshrinement) at the National Baseball Hall of Fame in Cooperstown. In fact, beloved announcers such as Harry Kalas, Bob Uecker, Dave Niehaus, Harry Caray, Ernie Harwell, and Jack Buck have been immortalized with statuary at the ballparks where they called (or continue) to call games for their given teams. Yet, there is seemingly little love paid to announcers by card manufacturers, especially with national issues.

The Trading Card Database (“TCDB”) lists just 471 results for a search of baseball cards in the “announcer” category, with the first result appearing in 1933. This list includes cards depicting nightly sportscasters and disc jockeys, which would tend to indicate that the “announcer” label is often used as a catchall for any on-air broadcasters, not just play-by-play commentators or game analysts.

The labeling issue becomes more apparent, however, when totaling the number of cards for the broadcasters who have been bestowed the Ford C. Frick Award. This number is 580, over 100 more cards than found on the “announcer” list.

Searching TCDB by individual broadcasters’ names demonstrates conclusively that the “announcer” label (“ANN”) is not used with any consistency. For example, a search for “Vin Scully” will produce 114 results, cards spanning from 1960 through 2023, including parallel releases and autographed editions. A search of “Vin Scully” and the “ANN” qualifier, however, produces only two results.

Considering that Pittsburgh’s KDKA first broadcast a baseball game on August 5, 1921 (an event itself worthy of commemoration on a baseball card), it seems incredible how few broadcaster cards have been issued in the past 100 years. Indeed, utility infielder Tommy LaStella has had more cards issued since 2011 (586) than all of the Ford C. Frick Award winners combined (580).

1976 Fleer Official Major League Patches – Baseball Firsts, #6

Radio (Baseball Card) Pioneers

The 1933 Minneapolis Millers of the American Association were managed by future Hall of Famer Dave Bancroft and featured first baseman Joe Hauser, who clobbered an incredible 69 home runs that season. Although Wheaties is best known for its collectible cereal boxes, the company also promoted minor league baseball across the country and particularly in Minneapolis, hometown of parent company General Mills. That season, Wheaties issued a set of 24 postcards (4″ by 5-9/16″) featuring the players, manager, and for the first time ever documented, a team’s radio broadcaster.   

1933 Wheaties Minneapolis Millers Postcard

Jerry Harrington, dubbed “The Little Irish Tenor,” was a multi-talented performer for WCCO radio and was often called upon to sing and participate in dramatic productions for the station. In 1929, Harrington broadcast play-by-play accounts of the Millers’ away games from the sports office of The Star and beginning in 1930, was tabbed to broadcast both home games from Nicollet Park and the away contests. The 1933 Wheaties Harrington issue is his one and only baseball card.   

A second set of similarly designed and sized postcards were purportedly produced by Wheaties for the Seattle Indians in 1933; however, only five postcards from this set have been found so it is unclear whether they were ever released to the public. One of the cards that has surfaced, however, is that of Indians broadcaster Leo Lassen. Lassen was named the publicity director of the Pacific Coast League Seattle club in 1931 and began broadcasting games for the team that season. He was a mainstay radio voice of the Indians and Seattle Rainiers through 1958 and was inducted into the Washington Sports Hall of Fame in 1974. The 1933 Wheaties Lassen issue is his one and only baseball card.  

1933 Wheaties Seattle Indians Postcard (Test Issue?)

In 1938 Chicago’s Sawyer Biscuit company issued a set of 52 cabinet photos depicting Chicago Cubs and White Sox players available as a mail-in promotion. The set included Bob Elson, a tireless broadcaster who handled the home games for both the Cubs and White Sox from 1931 through 1942 for WGN radio.

1938 Sawyer Biscuit

TCDB also lists a second “broadcaster” card for Babs Gillen, but no example of the card has ever been found. According to some sleuthing by Pre-War Cards it appears that Delores “Babs” Gillen was Elson’s broadcast partner for certain radio programming, but she was not known to announce baseball games with him. Regardless, the Elson cabinet photo appears to be the first issue for a Major League broadcaster.

The Emergence of Baseball on the Radio

As of the 1940 Census, 28 million households in the United States (82.8% of the population) owned a radio and baseball owners began realizing that broadcasting games—both home and away—was a terrific way to promote live baseball at their respective ballparks, especially on the home front during World War II. Still, very few broadcaster cards were issued in the 1940s.

The Reds sold a boxed team card set in 1940 called the “The Cincinnati Reds by Harry Hartman, Radio Sports Expert” published by the Harry Hartman Publishing Company. Coincidently, Hartman was the radio voice for the Reds on WCPO and was entering his 13th season behind the microphone in 1940, a season in which the Reds won their first World Series championship since defeating the Black Sox in 1919. A card featuring Harry Hartman was included in his namesake set. 

1940 Harry Hartman Cincinnati Reds (W711-2), Harry Hartman

The 1940 Playball set included a “Former Major League Star” card for Gabby Street, who had last played for Yankees in 1912 (although he had given himself an at-bat as Cardinals manager in 1931) and last managed for the Browns in 1938. The final line of his biography on the reverse of his card indicated “Today, he is doing baseball broadcasting in St. Louis.” Street was eventually paired with Harry Caray in the Cardinals’ booth, and they worked together from 1945 to 1950.

The balance of cards for the 1940s belong to Oakland Oaks announcer Bud Foster, with a string of issues in each of 1946, 1947, 1948 and 1949 sponsored by either Remar Bread or Signal Oil/Gasoline. Foster was voice of the Pacific Coast League’s Oaks from 1946 through 1956, as the team won three championships during his run (1948, 1950, 1954). In 1985 Foster reminisced how ballparks in the old days had no radio booths for him on the road so he would just set up behind home plate, which left him vulnerable to bombardment by cushions, peanuts, and insults hurled by the opposing fans. Additionally, Mel Allen was featured in Yankees Picture Packs in 1948 and 1949, with seemingly indistinguishable photos.  

1946 Remar Bread Oakland Oaks

Video Killed the Radio Star

In 1950 approximately 9% of American households had a television, but by 1960 the figure had skyrocketed to 90%. Regardless, there were still just a smattering of announcer cards issued in the 1950s, even despite the rise of the national baseball card product offerings by Bowman and Topps that included non-players such as umpires and league executives.

In 1954, future Ford C. Frick Award winner Bill King was named fulltime sports director at KOLN and KOLN-TV in Lincoln, Nebraska and took over the play-by-play announcing duties for the Western League Lincoln Chiefs. Weaver’s Wafers were a potato chip brand that issued a set of cards for the Chiefs in 1954 that included a card for King that encouraged fans to follow the team on KOLN. Despite King having announced for the San Francisco Giants from 1958-1962 and the Oakland A’s from 1981-2005, the 1954 issue is the only card that appears to have been issued for the venerable broadcaster. The card itself is exceedingly rare and the distribution method is sure to send shivers up the spines of condition conscious collectors—the cards were affixed to the outside of the potato chip bags with staples!

1954 Weaver’s Wafers

Future Ford C. Frick Award recipients Russ Hodges (New York Giants and San Francisco Giants) and Lon Simmons (San Francisco Giants) both appeared on a number of team-issued cards at the end of the 1950s, but only in their capacity as broadcasters for the San Francisco 49ers football team. Simmons did not get a proper baseball card until 1999, the Giants’ final season in Candlestick Park. His famous home run call “Tell it Goodbye!” was a fitting farewell to the ballpark, where he had broadcast since the Giants first began playing there in 1960.

1999 Keebler San Francisco Giants, #27

The final announcer card issued in the 1950s featured Mark Scott, host of the popular Home Run Derby television show. The 1959 Home Run Derby baseball set contained 20 cards measuring 3-1/4” by 5-1/4” and included the participants in the game show filmed at Wrigley Field in Los Angeles. Scott died unexpectedly on July 13, 1960 from a heart attack and the show did not return for another season.

1959 Home Run Derby

Vin Scully and the Rise of the Beloved Broadcaster

The first TCDB entry for Vin Scully is the 1960 Union Oil 76 “Meet the Dodger Family” booklet, which he shares with Jerry Doggett. Scully’s first proper baseball card—a whopper at 4” by 6”—is the 1971 Ticketron Dodgers issue, which also happens to feature Jerry Doggett, with whom he worked from 1956 through 1987. All told, Scully is the leader of all broadcasters with 114 different cards listed on TCDB. Perhaps surprisingly, however, Scully did not make another appearance on a baseball card until 2004, when Fleer produced a 10-card “Greats of the Game” subset that paired announcers and players, such as Scully/Steve Garvey, Harry Caray/Ryne Sandberg, and Jon Miller/Cal Ripken Jr. Accordingly, the overwhelming majority of Scully’s cards were issued after he had already turned 77 years old.

1960 Union Oil 76 Meet The Dodger Family Booklets – Vin Scully / Jerry Doggett

Vin Scully’s first inning broadcast partner for the 1989 All-Star Game was former Chicago Cubs broadcaster (and newly former POTUS) Ronald Reagan. Reagan made a cameo on a recent Bo Jackson card, as a broadcaster.

2022 Topps Stadium Club Chrome, #95

Ernie Harwell is next on the list with 80 cards. Harwell is best known for his work for the Detroit Tigers  after stints with the Brooklyn Dodgers, New York Giants, and Baltimore Orioles. By the time his first card was issued in 1981, Harwell was already beginning his third decade of work as the Tigers’ main play-by-play announcer. Harwell holds the distinction of having been traded for a player when he was acquired by the Dodgers to broadcast in 1948 from the Class-AA Atlanta Crackers in exchange for minor league catcher Cliff Dapper. Harwell broadcast for the Detroit Tigers from 1960 to 1991 and 1993 to 2002. Detroit’s Wayne State University’s baseball team plays its home games at Harwell Field, named in his honor.     

1981 Detroit News Detroit Tigers

Harry Caray is third with 68 cards. Caray’s first known card is a playing card with a photo shared with another Chicago broadcasting legend, Jack Brickhouse, issued in 1985 (40 years after Caray broadcast his first game for the St. Louis Cardinals.) Caray popularized the live singing of “Take Me Out to the Ballgame” while a White Sox broadcaster and made the tradition so popular at Wrigley Field that a video of him signing the song is still played for the seventh inning stretch when the Cubs do not otherwise arrange for a celebrity to handle the honors. Perhaps Caray’s most interesting baseball card is his cameo on Michael Jordan’s 1995 Upper Deck, featuring a photo taken at Wrigley Field when the White Sox visited for an exhibition game against the Cubs on April 7, 1994.

1995 Upper Deck, #200

Mel Allen boasts 58 cards and was awarded the first-ever Ford C. Frick Award in 1978, along with Red Barber (the only year in which more than one award was given). Allen, a 1937 graduate of the University of Alabama Law School, immediately pursued a career in broadcasting and handled CBS radio duties for the 1938 World Series. He was hired as the Yankees’ play-by-play announcer in 1940 and saw 12 championship teams from his position behind the microphone through 1964. Allen eventually returned to the Yankees broadcast team in the mid-1970s, but it was his work with This Week in Baseball starting in 1977 that made Allen’s voice synonymous with Saturday baseball highlights to kids across the country. How about that?!

1948 New York Yankees Picture Pack

Rounding out the top five is Philadelphia’s Harry Kalas with 33 cards. Kalas first appeared on a Tastykake card in 1984, along with fellow Phillies broadcasters Chris Wheeler, Andy Musser and Richie Ashburn. Kalas began his broadcasting career in 1961 with the Hawaii Islanders and made his Major League announcing debut with the Astros in 1965. After moving over to Philadelphia in 1971, Kalas became a mainstay in the booth, working side-by-side with Ashburn until Ashburn’s unexpected passing in September 1997.

1984 Tastykake

Comprising some of the most popular men to ever call a baseball game, Vin Scully has a star on the Hollywood Walk of Fame (and a statue at Dodger Stadium cannot be far behind). Ernie Harwell has a statue at Comerica Park in Detroit. Harry Caray has a statue at Wrigley Field in Chicago. Mel Allen has a plaque in Monument Park at Yankee Stadium in New York. Harry Kalas has a statue at Citizens Bank Park in Philadelphia. A bust of Jack Buck is displayed outside Busch Stadium in St. Louis. And Bob Uecker (who has 23 cards for broadcasting and another 51 related to his role as a player) is honored with two statues at American Family Field in Milwaukee.

The Disconnect

By contrast, Denny Matthews has just two cards, despite having been inducted into the Royals Hall of Fame and having been in the Kansas City broadcast booth since the team’s inception in 1969.

2012 Panini Cooperstown Voices of Summer

Similarly, Jaime Jarrín, the Dodgers’ Spanish-language play-by-play announcer from 1959 through 2022 (also honored with a star on the Hollywood Walk of Fame) only has two cards.

2020 Topps Opening Day, Ballpark Profile Autographs

Felo Ramirez was the Spanish radio announcer for the Miami Marlins from 1993 until April 2017. His prior broadcasting work included calling Roberto Clemente’s 3000th hit, and Hank Aaron’s 715th home run. Despite his distinguished career, no cards of Ramirez have ever been listed on the TCDB. All three of these men are Ford C. Frick Award recipients. In fact, 36 of the 47 Frick Award winners have nine or fewer cards, with eight having none.

Card manufacturers are seemingly content to issue the same card with a border in every conceivable color combination. Allen and Ginter issues feature eggs, spiders, and even the Taylor Ham versus pork roll debate. Yet, broadcasters remain largely ignored.

2022 Topps Allen & Ginter

A closer inspection of the checklists for each of the broadcasters listed here quickly reveals that a large proportion of the most recent issues comprise rare, autographed cards or other limited releases for which photos are not even available.

The men and women who dedicate their lives to the craft—and provide the soundtrack for our collective summers—deserve more cardboard love. These amazing tributes by Mike Noren of Gummy Arts are a great start.

Mic drop.

Special Thanks:

Mike Noren of Gummy Arts graciously allowed the SABR Baseball Cards Committee to include images of his cards in this article, including the Bob Uecker card, which has never been shown publicly before.

Jason Schwartz and Nick Vossbrink for their typically brilliant guidance and support.

Notes:

TCDB is mainly crowdsourced and there are numerous examples of cards not marked with the announcer label or otherwise improperly classified. The numbers cited herein are as accurate as possible based upon the available information. Moreover, several broadcasters cover multiple sports and may have cards that are more properly classified as a football, Olympic or multi-sport issue. Regardless of sporting classification, all cards were counted, except for those individuals who were players and had separate playing-days cards issued. Playing-days cards were not included.

Sources:

http://www.digitalcollections.lib.washington.edu/digital/collection/imlsmohai/id/514

http://www.prewarcards.com/2016/11/02/1933-wheaties-seattle-indians-postcards-set-and-checklist

http://www.prewarcards.com/2017/05/26/1938-sawyer-biscuit-cabinet-checklist-babs-bob-elson-dolores-babs-gillen-1937

http://www.robertedwardauctions.com/auction/2018/spring/1495/1960-1961-union-oil-dodger-family-booklets-complete-set

http://www.census.gov/history/www/homepage_archive/2015/march_2015

http://www.guides.loc.gov/american-women-moving-image/television

http://www.baseball-reference.com

http://www.tcdb.com

John Gabcik, Bob Elson, SABR BioProject

Joseph Wancho, Gabby Street, SABR BioProject

“Became Entertainer After Radio Dare,” Minneapolis Star, March 8, 1930.

“Leo Lassen Named,” Bellingham (Washington) Herald, February 13, 1931.

“New Show at WCPO,” Cincinnati Post, April 16, 1940.

“New Sports Chief,” Lincoln Journal Star, May 9, 1954.

Charles Sarjeant, “The First Forty: The Story of WCCO Radio,” 1964.

Ed Schoenfeld, “Oaks Voice Recalls the Day Stengel was Knocked Out,” Oakland Tribune, April 7, 1985.

Remembering George Scott’s Bizarre Card From 50 Years Ago

Editor’s Note: This article was written by Bruce Markusen. You can find Bruce on Twitter at @markusen_s.

George Scott last played a major league game during the 1970s, but he is one of those players not likely to be forgotten anytime soon. One of his teams, the Red Sox have certainly not forgotten. They have announced that April 4 will be George “Boomer” Scott Night at Fenway Park.

Whether it was his unusual build and girth wrapped tightly in polyester, his colorful choice of neckware, or his own quirky use of the English language, Scott made an impression on anyone who followed the game in the 1960s and seventies. And it seems only fitting that an offbeat character like Scott would somehow produce one of the strangest baseball cards that the Topps Company has ever produced.

Fifty years ago, Topps produced a set of cards that was visually striking, filled with action, and replete with unusual camera angles. The simple design of the 1973 cards, which were hallmarked by a colored silhouette corresponding to the player’s primary position, allowed the photography plenty of space to breath. The use of both traditional horizontal framing and the contrasting landscape view made for variety within the set.

As much as vintage collectors have developed a strong liking for the 1973 set, some of the choices that Topps made in arranging the cards remain a source of mystery. In a general sense, the most obvious question is this: Why were so many action shots taken from so far away, in some cases seemingly hundreds of feet separating the camera from its target? And then there are more specific questions. For example, why does Steve Garvey’s card, which depicts him at the end of a home run trot, show us more of Dodgers teammate Wes Parker, who blocks part of Garvey’s face and body from our view?

Other questions persist. Why did Topps show Dick Green, an excellent defensive second baseman, booting a ball in a photo that was at least two years old? And why was Luis Alvarado’s action shot taken at such a low angle that we are given full view of the parking lot at the White Sox’ spring training ballpark in Sarasota? (If you look close enough, you can spot a 1972 Chevy in the lot.)

In some cases, the answers to these questions can be found in Topps’ inexperience at including action shots on its cards. The company had only begun the practice of featuring color action photography with its 1971 set. Topps also had a limited library of photographs, perhaps attributable to the relatively small number of photographers on the payroll. It appears that Topps so badly wanted to include as many action images as possible in its 1973 set that it sometimes settled for something less than ideal photographic art.

Of all the unusual 1973 Topps cards, the one that remains the most puzzling to me is the card issued for the aforementioned George Scott. We know that Scott, playing for the Brewers, is the featured player on the card. He is stretching to receive a throw at first base. We also can see clearly that Oakland’s Bert Campaneris is the player sliding feet-first into first base, trying to beat the tag from Scott. There is no mistaking the identity of those two players, though it does prompt us to ask why Campaneris appeared as the “other player” on so many 1973 Topps cards? (See the 1973 cards for Bob Oliver and Rich Hand as evidence of that.) The proliferation of Campaneris in 1973 Topps, however, is a question for another day.

No, the real mystery has to do with the background of this card. When you look at the outlines of Campaneris and Scott against the stands down the first base line at the Oakland Coliseum, something doesn’t look quite right. The photo doesn’t look natural; it appears to have been altered in some way. More specifically, it looks like Scott and Campaneris have been superimposed onto the ballpark stands in the background. In a similar way to the use of bluescreen technology in films, it appears that two different photos have been pasted together to create a surreal look for the Scott card.

If it seems unlikely that one photo has been superimposed over the other, take a second look at the fans seated in the stands. Under normal circumstances, the fans would be looking directly at first base, to see if Campaneris makes it back safely. But these fans are looking in a variety of directions, most of them observing right field or center field. These fans appear to be watching another game altogether, and certainly not the one in which Scott and Campaneris are involved.

So why exactly would Topps do this? What would be the point of making such a radical change to the card? Some card aficionados have told me that the background stands in the photograph are not from the Oakland Coliseum, where this game was played, but are actually from County Stadium in Milwaukee.

As one fan posted at The Hardball Times in 2011: “The background wall sure looks like Milwaukee’s County Stadium.  The playing field looks like it could be from Oakland’s Alameda Stadium. (Looks like too much foul territory for Milwaukee.)

“The wall angle looks strange in relation to the playing field.

“When blown up it appears that there is a blue line along George Scott’s back like he was pasted on to the background picture.”

These are all reasonable points. But why would Topps do this? One theory is that Topps did not want to use a photograph that showed the many rows of empty seats at the Oakland ballpark, so they took a shot from a busier County Stadium to give the card a busier look.

It seems like an awful lot of work to obtain a relatively minor goal, but it’s the best explanation I’ve heard. Whatever the actual reason, which has likely gone to the grave with famed Topps executive Sy Berger, the card is certainly unusual in appearance. And that is most appropriate for a player like George Scott.

Long before he became a member of the Brewers, Scott came up in the Red Sox’ organization. It’s hard to believe in retrospect, but as a minor league player in 1963, Scott actually played 24 games at shortstop before finally being moved to the infield corners in ’64. It was also during Scott’s minor league days that he experienced one of the worst incidents of his career. One day, several of his teammates came to his hotel room dressed as members of the Ku Klux Klan. They apparently intended it as a prank, but understandably, Scott took it otherwise.

In 1966, Scott attended spring training camp with the Red Sox. He surprised just about everyone by making the team and beating out Joe Foy for the starting third base job. (In an interesting twist, it was Foy who would eventually come up with the nickname of “Boomer” for his teammate.)

One week later, the Red Sox switched Scott to first base, where he would spend the majority of time that summer. For the season, Scott would hit 27 home runs and place third in the Rookie of the Year voting.

After the season, the Red Sox hired Dick Williams as their manager. Rather surprisingly, Williams announced that Scott would have to beat out another promising young hitter, Tony Horton, for the first base job. Rather than complain, Scott became determined to take a more intelligent approach at the plate. He outplayed Horton in the spring, winning the job once again. But his expanding waistline did become a concern for Williams, who benched him several times throughout the summer. (Williams also ordered two other Red Sox, Foy and pitcher Jose Santiago, to lose weight.) Though often listed at 205 pounds, Scott was much larger than that for most of his career, sometimes playing at 230 to 240 pounds.

Despite his battles with weight, Scott hit well. The so-called “sophomore jinx” had little effect on his performance, as he put up an OPS of .839. He also played first base with an agile grace that defied his size, winning the first of his eight Gold Gloves. Scott’s all-round play helped the Red Sox win the American League pennant in a harrowing race that came down to the final day of the season. The Red Sox then came within a game of winning the World Series against the more experienced Cardinals.

In 1968, Scott became one of the victims of the Year of the Pitcher. He started the season in a horrible slump and showed little improvement over the course of the summer. At one point, he lost the first base job to Hawk Harrelson, who was in the midst of a career season. Incredibly, Scott would finish the year with a .171 batting average and only three home runs in 124 games.

Scott then reported to winter ball, where he received the wisdom of his manager at Santurce, Frank Robinson. The future Hall of Famer worked with Scott on his mental approach to the game. Scott also sought out hitting advice from Roberto Clemente, a mainstay on the Santurce team.

Perhaps aided by the counsel of Clemente and Robinson, Scott played better in 1969, hitting 16 home runs while raising his average to .253. After another decent season in 1970, he bust out with 24 home runs, won his third Gold Glove, and even received some consideration in the American League MVP race.

Scott now seemed entrenched at first base. But then came the news of October 10. That day, the Red Sox announced a blockbuster trade, the deal sending sent Scott, pitchers Jim Lonborg and Ken Brett, and outfielders Billy Conigliaro and Joe Lahoud, and catcher Don Pavletich to Milwaukee for a return that included All-Star outfielder Tommy Harper and right-handers Lew Krausse and Marty Pattin.

In his first season with the Brewers, Scott made a good adjustment from Fenway Park to County Stadium. He hit 20 home runs and added the surprising dimension of speed to his game, stealing a career-best 16 bases in 1972.

With the Brewers, Scott became a recognizable sight around the American League. With his massive body draped in Milwaukee’s form-fitting uniform, Scott looked unusual to say the least. And then there was his decision to play first base while wearing a batting helmet, a habit that sprung from an incident in which road fans threw objects in his direction. That incident convinced Scott that he should wear a helmet, both at bat and in the field, for the rest of his career.

From 1972 to 1975, Scott emerged as a star in Milwaukee, while also becoming extraordinarily popular with the fan base. In 1975, he put together his best season, hitting a career-high 36 home runs and leading the league with 109 RBIs. Scott also led the league in total bases.

After a downturn in 1976, Scott clashed with Brewers general manager Jim Baumer and eventually requested a trade—which he received at the December Winter Meetings. The Brewers traded Scott and outfielder Bernie Carbo to the Red Sox for Cecil Cooper, a younger player who would take the Boomer’s place at first base.

Scott received a warm welcome from the fans in Boston. While a number of black players, like Reggie Smith and Tommy Harper, had struggled against racism in Boston (both from the city and the franchise), Scott seemed to receive better treatment. He also enjoyed a resurgence at the plate, hitting 33 home runs and slugging an even .500. With Scott deepening the middle of the Red Sox’ order, the team won 97 games while finishing second to the rival Yankees.  

Given the size of the Boston media market, Scott became more well known as one of baseball’s most colorful characters. He showed off his own distinctive brand of the language; one of his favorite terms was the word, “taters,” his preferred name for home runs. He also gave a nickname to his first baseman’s mitt, calling it “Black Beauty.”

With his generally jovial nature, Scott became a favorite interview target of Boston writers and broadcaster. One day, a reporter asked him about the distinctive necklace that he wore during games; it featured an array of shells and beads. Scott told reporters that the necklace was made from “second basemen’s teeth.” That answer became Scott’s calling card for the rest of his career.  

After a poor 1978 and a slow start to the 1979 season, Scott saw his second tenure in Boston come to an end. Two days before the June 15th trading deadline, the Red Sox traded him to the Royals for outfielder Tom Poquette.

Scott’s play did not improve in 1979. A slump in April and May dragged into June. And then on June 13, just two days before the trading deadline, the Red Sox parted ways. They sent Scott to the Kansas City Royals for outfielder Tom Poquette. Scott struggled at Kansas City’s spacious Kauffman Stadium. He hit only one home run for the Royals before being released in August.

After nearly two weeks of unemployment, Scott found a job with an unexpected team, the Yankees, who were playing out the string during a disappointing season. Scott hit well for the Yankees, putting up an OPS of .840. It seemed like Scott’s performance might earn him a return to the Yankees in 1980, but the team opted to sign another free agent, the younger Bob Watson, to take the role of right-handed hitting first baseman and DH.

In the meantime, the Rangers expressed interest in signing Scott and using him as a utilityman. Scott wanted no part of that, so he ended up settling for a contract in the Mexican League, where he became an offensive force over the next two season. He later became a player/manager, before becoming a fulltime manager at the minor league level.

Sadly, Scott’s health suffered in his later years. He put on a tremendous amount of weight, at one point tipping the scales at over 400 pounds. Diagnosed with diabetes, Scott’s health continued to decline. In 2013, he passed away at the age of 69.

I remember hearing the news of Scott’s death and how it seemed to remind me and other fans of just how much time had passed since the days of baseball in the 1970s. It was a colorful and rich time for the game, an era that in some ways was symbolized by a player like Scott. No one in the game looked like him, and no one talked like him.

George Scott was as unique and wonderfully offbeat as that 1973 Topps card.

Hollywood Stars Were in the Cards: Part 6

Any good baseball fan over the age of forty knows the name Boog Powell: Burly, genial redhead. Baltimore Orioles fence-buster and fan favorite. 1970 American League Most Valuable Player. Subject of one of the 1970s’ most-loved Miller Lite punchlines.

Less known is that Boog had a stepbrother in the major leagues from 1968 through 1973: utility man and pinch-hitter Carl Taylor, who spent six seasons in the employ of the Pittsburgh Pirates, St. Louis Cardinals, and Kansas City Royals. (Topps mentions this on the back of Carl’s 1969 and 1974 cards; on his 1970 card, he is referred to merely as Boog’s “relative.” None of Boog’s cards make mention of a stepbrother.)

After Boog’s mother died during his childhood, his father remarried a woman whose son, Carl Taylor, became Boog’s stepbrother. Two and a half years’ Boog’s junior, Carl possessed the same penchant for mischief as the aptly nicknamed Boog—called so by his father because “booger” was a southern term for a boy who gets into trouble, which was eventually shortened to “Boog” (correctly pronounced like a soft, suthun’ “book”).

Carl also possessed the same penchant for baseball as did his elder stepbrother, which eventually led to their playing on the same little league team. In fact, their Lakeland, Florida, squad made it all the way to the 1954 national championship in Williamsport, Pennsylvania—or as Boog and Carl referred to it, the Fuckin’ Little League World Series Mixer. (Boog also had a biological brother, Charlie, who played on this team and who eventually reached the minor leagues. An injured shoulder suffered in a fall from a treehouse is rumored to have curtailed Charlie’s career.)

Boog and Carl’s early years together are hazy but seem to indicate that they shared a bedroom despite a general unease between them. Eventually, they began to bond through favorite dinosaurs and Carl’s Phil Cavarretta–model Louisville Slugger autographed by fellow Chicago Cub Randy Jackson. (The young Carl had bumped into Jackson several years earlier, and all Carl had on him was the Phil Cavarretta bat—and Carl was not going to not get Randy Jackson’s autograph, right? Boog surely would have done the exact same thing.)

In fact, it seems that Boog and Carl bonded so well that the boys constructed a bunk bed so they would have more room to do activities—although they made the mistake of agreeing on the physically imposing Boog taking the upper bunk, which nearly spelled Carl’s end.

Several years later, the Powell family relocated from Lakeland to Key West. The boys’ disappointment in having to leave behind the treehouse in which Boog had stored his complete collection of the relatively new magazine called Playboy was placated by their exciting new surroundings at the western tip of the Florida archipelago. It was not only here that Boog became a three-sport star at Key West High School but where Carl began to mature as an athlete, himself. Even more significantly, being no more than a mile at any point on the island from the warm waters of the Straits of Florida made every week Shark Week. Boog and Carl could watch this favorite spectacle in-person almost any time of year—at least until Mr. Powell tired of their lackadaisical attitudes and insisted that they get jobs.

Still, they found time to indulge their other shared passion: Boog and Carl would take their father’s 13-foot Feather Craft Topper—usually without his permission—put on their plastic Key West Fire Department helmets, hook up a line to the bilge pump, and spray the shore or other boats with seawater, in a ritual they came to call “boats ‘n hose.” (Scamps that they were, Boog and Carl would sing gleefully from offshore, Boats ‘n hose, boats ‘n hose, I gotta have me my boats ‘n hose…)

This is not to imply that all was rosy between the stepbrothers. Reportedly, they feuded, and on one particularly charged occasion, scuttlebutt has it that Carl—despite extremely emphatic warning from Boog not to touch his marching-band tuba—indeed made contact with the instrument in an unsightly way, which precipitated a horrible brawl.

1954 Florida Little League World Series team. Boog is back row, third from right; Carl is front row, fifth from right.

Soon enough, though, both boys were making waves for their high school team, the Key West Conchs, and attracting the attention of major league scouts. (A 1959 Fort Myers News-Press article garnered Boog attention as he obliterated rival pitching by batting .571 and slugging an ungodly 1.036 over 11 games.) The Conchs won the Florida state championship in 1958, propelled heavily by Boog’s bat, and repeated in ’59. Not long after his graduation, the Baltimore Orioles outbid the St. Louis Cardinals and signed Boog for $25,000. Carl soldiered on with the Conchs, and like his stepbrother, he, too, signed on with a major league organization, the Pittsburgh Pirates, shortly after graduating.

Boog hit like wildfire in the minors and found himself in Orioles duds by the last week of the 1961 season—his major league debut being the game in which Roger Maris tied Babe Ruth’s mark with his 60th homer run of the season. Carl took longer to ripen, beginning his sojourn through the minors in 1962 and finally reaching major league pay dirt in Pittsburgh’s second game of the 1968 campaign.

Shortly before Opening Day, after Carl had officially made the Pirates squad, Pittsburgh and Baltimore coincidentally clashed in a spring-training tilt. When Boog and Carl met on the field during warmups, Carl was heard to quip excitedly, “Did we just become major leaguers?” to which Boog replied ardently, “Yup!” after which, they ran to the bullpen and did karate to limber up.

Although Boog and his 230-lb frame hardly could claim that he hadn’t had a carb since 1964, he’d enjoyed consistent success for the previous five seasons, finishing third in the American League MVP race as he helped the Orioles to a surprise World Series championship in 1966.

Carl’s major league career did not bear immediate fruit. As catcher Jerry May’s backup, Carl got into only 44 games and hit a dismal .211 in 1968. Would he remain in the majors? Carl had worn a tuxedo on the first day of spring training yet managed to impress the coaching staff with his bat, his glove, and a sense of irony that skipper Larry Shepard confessed he hadn’t seen since Dizzy Dean pitched a barnstorming game against Indiana’s Greencastle Galoshes in two-tone wingtips. This ability to think outside the box, coupled with a surprisingly operatic singing voice that endeared him to general manager Joe Brown, kept Carl with the parent club in 1969.

A wise decision it was. Playing first base, the outfield, and coming off the bench, Carl suited up for 104 games and batted a sizzling .348, the highest batting average on the club and .0008 points better than National League batting champion, Pete Rose (albeit in 470 fewer plate appearances).

One would think that an effort like Carl’s 1969 would keep him in Bucs black and white for a while—but convinced of Manny Sanguillén’s and Al Oliver’s future stardom, and well stocked through its rich farm system, Pittsburgh swapped Carl shortly after the season to St. Louis for Dave Giusti and Dave Ricketts. Carl worked another 104 games in 1970, but his batting average tumbled nearly 100 points—and he soon entered the journeyman phase of his career. Dealt to Milwaukee, Carl became a Brewer in name only, as that club packed him off to Kansas City before the new season began.

Batting .189 and unhappy with his lot, United Press International reported on May 23, 1971, that Carl had “burned his uniform and other baseball equipment” (i.e., very possibly his tuxedo) and quit the Royals. Coincidentally—or not—this took place in Baltimore, and Boog tried to talk him out of it after the game. Was there an element of step-sibling rivalry? Boog was the reigning A.L. MVP, owner of two World Series rings, and justifiably earning $70,000 more than Carl. Possibly still smarting from the trade after his .348 season—especially because Pittsburgh became a playoff team the following year—Carl may have been dismayed that, unlike Boog, he wasn’t snappin’ necks and cashin’ checks.

“I wanna make bank, bro!” Carl allegedly complained to Boog. “I wanna get ass. I wanna drive a Hemi ‘Cuda.”

Boog may well have thought that he had a huge doucher for a stepbrother, but whatever plagued Carl didn’t last, so—at least secretly—he wasn’t a doucher. Carl returned to the Royals and appeared in two games for Kansas City before being farmed out to Omaha, where he pummeled American Association pitching for a .362 mark. As luck would have it, Pittsburgh bought his contract for its stretch drive, and Carl found himself on a first-place team. Alas, while the Pirates claimed the National League East, Carl was ineligible for the playoffs, having been acquired three days after the playoff-eligibility deadline. He watched idly as Pittsburgh sliced through San Francisco for the pennant and defeated Boog’s own Orioles in a seven-game cliffhanger to become champions of baseball (although Carl has, at times, augmented his autograph on baseballs with “71 World Champs”).

Likely much to Carl’s surprise, Kansas City bought back Carl shortly before the start of the 1972 season. Carl enjoyed his final two major league campaigns in powder blue, before retiring after the 1973 season. In 411 games, he had accumulated 298 total bases—the same amount Boog amassed in his 1969 season.

Boog’s career continued into summer 1977, first with a trade to the Cleveland Indians in early 1975—where, in the Tribe’s all-maroon road uniforms, he resembled, in his own words, “a massive blood clot”—and then as a pinch-hitter for the Los Angeles Dodgers, who, with a healthy lead in the N.L. West, jettisoned Boog three weeks before clinching a playoff spot.

Boog soon became a favorite pitchman of Miller Lite beer, filming numerous television commercials in the wake of his major league career, several with good-natured former umpire, Jim Honochick (“Hey, you’re Boog Powell!”). These ads, including a few with former Japanese baseball player, Koichi Numazawa, were so well received that Boog enjoyed prestige worldwide.

Riding high, Boog attempted an ambitious start-up company with Carl that would delve into multiple endeavors, including entertainment, management, computers, research & development, and security. They were prepared to put in the man-hours to study the science of what customers need, but, alas, they couldn’t find investors—who could have been possibly you. Later, Boog entered the restaurant industry—and Boog’s BBQ restaurants thrive to this day.

They grew up so fast, indeed…

Frank Thomas “The Original One” Wears Number 25 Again for the Mets Old Timers Game at Citi Field

Keith Hernandez (L) and Frank Thomas (R) – 2022 Mets Old Timers Day

“I’m so thankful that my dad was able to go to Old Timers’ Day. “It meant the world to him to see his old teammates. I was thrilled with how the fans greeted him. I was so happy to see him in uniform again. We will treasure those memories forever.”

Maryanne Pacconi (Frank Thomas’s daughter)

Frank Thomas, who passed away at 93 on Monday, January 16th, was a bright spot on the 1962 Mets team that won only 40 games. Frank had one of his best seasons in 1962 smashing 34 home runs and driving in 94 runs.

Road Trip to Citi Field

In early July my daughter and I had a wonderful time visiting Frank at his home in Pittsburgh. We talked about his playing days and our families. During the visit several Casey Stengel stories came up during our conversation. One of them was about the time he hit two home runs in three consecutive games during the ’62 season. “When I hit my first home run to start the streak, I was wearing glasses with yellow lenses. It was a twilight game, and the yellow lenses made it look like it was daylight. I circled the bases and then sat back down in the dugout. Casey looked over at me and asked – Where did you get the glasses? I said the trainer gave them to me. Casey said – Tell him to order a gross of ‘em for the other players.”

Towards the end of our visit, Frank mentioned that he was going to be at the Mets Old Timers on August 27th. “It’s probably my last one,” he said. And then a big smile came across his face, and he added – “The Mets called me up and wanted my measurements. They are going to make me a uniform!”

I told Frank that I would be there, and after returning home from Pittsburgh, I bought two tickets for the game. This was going to be the first Mets Old Timers Day since 1994. The game was heavily promoted by the Mets organization and was a sellout.

I went to the Old Timers game with a high school buddy of mine – another baseball fanatic – who also lives near Boston.

We left early in the morning and got to the park in plenty of time to see Frank make his red-carpet entrance into the stadium along with the other former players. He was using his walker but moving at a brisk pace. I am certain that getting to the Old Timers game was a major effort for Frank since he had a bad fall prior to the event.

The Mets did a phenomenal job putting together the Old Timers game. Sixty-five former players and managers returned for the event. Joining Frank on the field from the 1962 team were Jay Hook, Craig Anderson, Ken MacKenzie, and Ed Kranepool.

Howie Rose, longtime radio broadcaster for the Mets, was the master of ceremonies and introduced each player before the game. The pre-game festivities also included retiring Willie Mays’ number 24.

It was obvious that the former players who had come back for the event had a great time. On the field I saw lots of laughing, high fives, hugs, and pictures being taken. The program stated that each Old Timer received a ring with their name on one side and the number 60, representing the team’s 60th anniversary on the other side. That was a nice touch.

Mets Cards of Frank Thomas Issued by Topps

Topps issued cards of Frank for each year he played for the Mets.

The Mets being an expansion team in 1962 created a problem for Topps. They could not get pictures of players in their proper uniforms and meet production schedules. As a result, Topps used a picture of Frank without a cap and wearing a Cubs uniform for his 1962 card – #7. Topps used a similar solution for just about all of the other Mets players with cards in the 1962 set. The exception being the Al Jackson card – #464 – which was a late production run 6th Series card.

1962 Topps Card #7

The 1963 card of Frank – #495 – is my personal favorite. I have always liked the design of these cards and the photographer took a nice color head and shoulders shot of Frank for the main image on the card.

1963 Topps Card #495

The batting stance picture used on his 1964 card – #345 – is similar to the batting stance pictures on his 1957 Topps card – #140 and his 1960 Topps card – #95.

Topps 1964 Card #345, Topps 1957 Card #140, Topps 1960 Card #95

Frank Thomas – Hall of Famer?

If there was a Hall of Fame for major league ball players that signed Through The Mail (TTM), Frank would be in it.

In his autobiography Frank recalled his youth and stated: “I’d wait outside of the clubhouse after games and try to meet the players and get their autographs. Many guys would walk right by us kids with no acknowledgement whatsoever. It was very disappointing to see. That’s one of the reasons that I made a point to ALWAYS sign autographs as I left the clubhouse. I didn’t want some young fan’s recollection of me to be that I walked right past home as he held out his autograph book for me to sign.”

Since 2019 Frank and I had been communicating on regular basis, primarily by mail. Frank was old school. He did not text and he did not have a computer. I would bang out a letter on my computer, and Frank would respond back with a handwritten letter. He would answer my baseball questions in his letters and give me updates on his health and his children. The nominal fee that he asked for signing baseball cards went to two charities: – Camp Happy Days-Kids Kicking Cancer and Courageous Kidz. I gladly contributed to his charities and sent him cards that spanned his career to sign. I always received the cards back promptly – beautifully signed – along with a thank you note.

Letters from Frank were signed…

Frank Thomas

The Original One

1951- 1966

I always got a kick out of that.

Apparently, anyone that contributed to his charities made the Christmas card mailing list. To my amazement, I received my first custom Christmas card from Frank in 2019.

2022 Christmas Card from Frank Thomas

Through baseball card collecting, I had the opportunity and privilege to become friends with Frank Thomas. I will miss him.

Planning a Return Trip to Citi Field

My two teams have always been the Red Sox and the Pirates; however the whole experience on August 27th really left quite an impression on me and has turned me into a Mets fan too.

Frank would have enjoyed hearing that.

Interview with Garrett Prentice

Last November I wrote about how Fox Sports has been using junk wax baseball cards as inspiration for its web graphics. It was a fun piece to work on and one of the best things about it is that it came to the attention of the designer at Fox who worked on those graphics. Garrett Prentice (@garrett_psd) has been a designer for Fox Sports for two years and has previously designed key art for television and movie releases. He has also designed for both the Washington Commanders née Redskins and the Los Angeles Rams.

We’ve been following each other on Twitter for a few months now and when it became clear how popular the baseball card graphics were with this community I asked him if he’d agree to answer a few questions about himself, his designs, and his relationship to card collecting. Garrett graciously agreed to answer my questions and put a lot of thought into his responses. What follows here required basically no editing.

Nick: Looking at the Fox Sports story cards as well as your portfolio shows a lot of designs that distinctly reference physical prints. From things like worn edges, wrinkled paper, and scotch tape to seriously geeky things like reproducing halftone rosettes, creating two-ink looks, and including printing crop marks and registration it’s clear that you appreciate the history of graphic design and the fingerprints of its production. Can you talk about your design influences and whether the baseball cards are a natural progression from this or if they were something special for you?

Garrett: I make it a point to include a decent amount of texture and familiar printing techniques in my work so that it doesn’t feel digital and synthetic. Sometimes, all the little extra things that you mentioned can really elevate a design. It shows attention to detail. I used to go to antique stores a lot in college, and would keep an eye out for fine details that I could incorporate in my work.

While in college, I loved the work of Fraser Davidson, Michael Schwab and Darrin Crescenzi. Although they have extremely different styles, I was really drawn to each of them. Davidson has a fun and playful side to his work that I really love. He is also probably the best sports logo designer in the world. Schwab has an iconic and vintage style that is timeless. Lastly there’s Crescenzi, whose work is so elegant and modern. I always thought he had the coolest style of any designer. He made a pretty sweet Game of Thrones poster you should check out.

These days, I’m influenced by Neil Jamieson, Matt Lange, and TRAN LA. Most of the time I try not to pull inspiration for my work. I just try to make the best design with the images I find. I’m also inspired by the social team at FOX Sports. It’s pretty awesome that I have access to their PSDs* — not only because I can incorporate them into my work, but because I can dive in and see how they did something.

*.psd is the native Photoshop file format which preserves all layers, masks, etc.

I think making baseball cards at some point is a natural progression, but I just need to keep working hard and learning. There are so many great designers out there to learn from.

Nick: How did you choose the card designs you’ve been using since they’re as old as you are? Do you just like the “junk” era of cards or is that part of the general nostalgia marketing that’s currently directed at my generation?

Garrett: I gravitate to the ’90s era of card design simply because it reminds me of my childhood. I started asking my mom to buy me cards around at 10 years old, so that would be around 1996–97. I had mostly Topps and Upper Deck — which I always revered the most because I loved the shiny logo. Another reason for this is that I didn’t have the money to afford the “premium” cards.

Nick: Making digital web graphics look like physical objects is something I’ve thought about for long time with things like the Topps Bunt App. Sometimes I feel like it’s not fully embracing what digital is best at. Other times it’s a reminder that we have centuries of practice about what works best for communication. Outside of the way they look, what are your thoughts as a graphic designer about what it means to maintain and reference the concept of a physical object in the digital realm.

Garrett: I think it’s nice to have a little bit of both. Sleek and polished digital design certainly looks awesome when it’s executed the right way, which is how a lot of my favorite NFTs look. But adding the printed or real-world mistakes and imperfections just shows me that the designer took the time to add another layer of detail. I think there should always be room for digital art that looks organic or is a reference to mixed media. It gives things a warmer feel. Take a look at the work by Sergio Santos (@elsantosbaseball). He does this to the extreme, mostly because he paints everything, but also because he doesn’t care if it’s perfect, which is why I love his work.

Nick: Both regarding cards and regarding the other reference materials you’ve used (like the Harry M. Stevens scorecard), what’s your reference library like and is it part of your personal collection?

Garrett: My reference library includes a ton of cards from my youth, about 100 Sports Illustrated magazines that I saved (mostly from the late 90s) and hundreds of Starting Lineups. I also love buying printed things on eBay, like old postcards, money, and recently, a map of The Masters golf course at Augusta National. Aside from that, my main reference sites are Behance, Pinterest, Twitter, Instagram, IMP Awards, The Cardboard Connection, and Automobilist.

Nick: If you have a personal collection what do you collect and how long have you been collecting?

Garrett: I have a respectable junk card collection that isn’t worth anything from a collecting standpoint. Upper Deck and Topps were my favorite brands as a kid, and I would jump at an opportunity to work with either of them. Although I love cards, what I cherish most are my Starting Lineups. I love the packaging and they’re just nostalgic for me. My favorites are the 1991 Michael Jordan, and two Kobe Bryants (1996, 1998). They’re all in very good/mint condition, but I’ve never sent them in to be graded. I’m too nervous they will get banged up in delivery.

I bought three (Giannis Antetokounmpo, LeBron James, Steph Curry) of the newly released NBA series, but I was underwhelmed. I really don’t like the new branding, and the size and packaging style of the originals can’t be beaten.

Nick: Your portfolio shows off the vertical images. Fox Sports however tends to emphasize the horizontal versions due to mobile site and social media preview reasons. I appreciate that the two versions are actual redesigns. Which aspect ratio do you prefer (if any) both in terms of creating the cards and in terms of the final product?

Garrett: I start with the vertical since that’s what the user sees first on the Home Screen. The art used to go full-bleed on the home screen before the FOX Sports app was recently redesigned, so that was always the main priority. I typically prefer the vertical also, since it’s more similar to one-sheets I’ve designed in the past.

Nick: How do you feel about people printing your work out and putting them into binder pages?

Garrett: It’s a huge compliment. It’s always nice to see people appreciate your work, with whatever you do. I appreciate the time they took out of their day to do something like that. It’s really cool.

A Tribute to Nate Colbert through Topps Cards

This article was written by Bruce Markusen. You can find Bruce on Twitter at @markusen_s.

There’s little doubt that Nate Colbert enjoyed his 76 years on this earth. Colbert, who died earlier this month, always seemed happy. And he loved to smile. Evidence of that can be found on his 1969 Topps card, where he flashes a full and uncontrolled smile for the cameraman. Although Colbert was still an unproven player at the time the photograph was taken, his card seems to reflect his sheer happiness over simply being in the major leagues.

Aside from his extreme and ever-present smile, something else stands out about Colbert’s 1969 Topps card. He is not wearing a cap, not for the team that first signed him (the St. Louis Cardinals), not for his previous team (the Houston Astros), or his new team (the San Diego Padres). The decision to have players pose capless was a common technique used by Topps at the time. In the event that a player changed teams over the course of the winter or during spring training, the capless photographs maintained a more generic appearance.  With the capless pose, Topps could easily crop the photo so as to eliminate the name or logo of the old team on the jersey. 

In the case of Colbert, other factors were at play. As an expansion team, the Padres had yet to play a game, which would have theoretically limited Topps’ opportunities for an updated photograph showing Colbert wearing his new team’s colors. More pertinently, in a development involving all major league players in 1969, a lingering dispute between Topps and the MLB Players Association caused havoc with the production of baseball cards. Unhappy with the paltry compensation given to players for the rights to use their images on cards, Marvin Miller had instructed players to refuse posing for photographs in 1968, both during spring training and the regular season. That explains why so many of the cards in the 1969 Topps set feature photographs that are two or three years old (or even older). Those photos often depict traded or otherwise relocated players without caps, or sometimes show them from angles that obscure the logos of their old teams.

In contrast, Colbert would appear on Topps cards in his full Padres regalia from 1970 to 1974. By 1970, the union had negotiated a new and far more favorable deal with Topps, allowing the card company to resume its business of taking updated photographs. Of that series of Colbert cards, the most memorable is the 1973 version, which once again gives us a smiling Colbert. Even more noticeable is Colbert’s uniform, the Padres’ all-yellow uniforms that they first introduced in 1972.

Those duds, arguably the gaudiest uniforms of an outlandish era, may have been ugly, but as Colbert pointed out during a 2008 visit to the Hall of Fame, he looked at that uniform with a philosophical approach. “The yellow ones, which were called ‘Mission Gold’—I don’t know where they got that name from—when I first put them on, I felt really embarrassed. But I looked at it like, this is the major leagues; this is the uniform I was required to wear,” said Colbert. “I took a lot of ribbing, especially from the Reds and Pirates players. Even my mother used to tease me. She said I looked like a caution light that was stuck.”

While Colbert would become most associated with the Padres’ yellow-and-brown look, his career path could have gone far differently; he might very well have worn the more conservative cap and uniform of the New York Yankees. As an amateur free agent in 1964, the year before the major league draft came into being, Colbert was pursued aggressively by the Yankees. They had promised to exceed any offers given to him by any other team, but ultimately Colbert chose to go elsewhere.

If the Yankees had signed Colbert, they presumably would have brought him to the majors by the late 1960s. That would have been good timing for a struggling franchise filled with aging players and prospects who were not up the standards of the organization during its glory years. In particular, the Yankees had an unstable situation at first base. The retirement of Mickey Mantle at the start of spring training in 1969 forced the Yankees to switch Joe Pepitone from the outfield to first base. But Pepitone himself would depart after the 1969 season, via a trade with Colbert’s old team, the Astros.

From 1970 to 1973, the Yankees struggled to find anyone capable of giving them the ideal power expected from a first baseman. Role players like Danny Cater, Johnny Ellis, and Mike Hegan, the oft-injured Ron Blomberg, and an aging Felipe Alou took turns playing the position. Blomberg was the best hitter of the group, but injuries curtailed his production, while his poor defensive play made him a better fit at DH starting in 1973. Even if healthy, it’s doubtful that Blomberg would have matched the production of Colbert. A young Colbert would have supplied some much-needed right-handed power to a Yankees lineup that leaned heavily to the left.

But Colbert-to-the-Yankees never happened. He briefly considered the Yankees’ offer before choosing to sign with his hometown team, the St. Louis Cardinals. That was Colbert’s dream; he had always wanted to play for the same team as one of his boyhood heroes, Stan Musial. Unfortunately, the Cardinals did not think Colbert was ready to succeed Bill White at first base and had no room for him in left field (where Lou Brock resided). After the 1965 season, the Cardinals left Colbert unprotected in the Rule Five draft.

The Astros jumped in and picked up Colbert, who by the requirements of Rule Five had to stay on the major league roster the entire season or be offered back to the Cardinals. In the spring of ’66, Colbert made his major league debut. According to Colbert, he became the second member of his family to play in the major leagues, after his father, Nate, Sr. The younger Colbert claimed that his father was a catcher who was a onetime batterymate of the great Satchel Paige, but there is no official record of Nate Colbert, Sr. having appeared in an official Negro Leagues game.  

As for the junior Colbert, he played in only 19 games for the Astros, accumulating a mere seven at-bats without a hit. For some reason, Astros manager Grady Hatton refused to use Colbert in the field, instead giving him only the handful of bats and a few pinch-running appearances. It turned out to be a wasted summer for the 20-year-old Colbert.

By 1967, the Astros were free to send Colbert back to the minor leagues, where he could accrue both actual playing time and badly needed experience. They assigned him to the Amarillo Sonics, their Double-A affiliate in the Texas League. He then returned to the Astros midway through 1968 and was later given a September looksee at first base, but he did not hit well and showed a propensity for striking out. He also clashed with Astros manager Harry Walker, who tried to force Colbert into becoming a contact hitter who hit to all fields. Colbert wanted to pull the ball—and hit with power.

Still, Colbert found his fair share of fun away from the field. Some of that came through sharing a clubhouse with the most colorful teammate of his career. During his visit to Cooperstown in 2008, where he regaled visitors with stories from his major league days, Colbert recalled playing with Doug Rader, the quirky and unpredictable third baseman who was forever playing pranks and testing the limits of sanity. “When we were with the Astros,” Colbert said, “[Rader] and one of the guys, another player on the team, went down to the pet store. That’s when it was legal to own alligators. And they bought three alligators, baby alligators. They waited until we were all in the shower, and they let them loose in the shower, down in Cocoa, Florida. We were trying to climb the walls, these little baby alligators all around us.”

Rader made life in Houston memorable for Colbert, but he longed for an opportunity to do more on the field. A much-needed break would soon come his way. After the 1968 season, the National League added the Padres and the Montreal Expos as expansion franchises. The Astros left Colbert unprotected in the expansion draft, giving the Padres the chance to select his contract. With the 18th pick of the draft, after such obscure selections as infielder Jose Arcia and pitcher Al Santorini, the Padres took Colbert. He would soon become their best player.

After starting the season in a platoon role at first base, Colbert caught the attention of his new manager, Preston Gomez. At first, the Padres planned to platoon Colbert with the lefty-hitting Bill Davis, who was six-feet, seven-inches tall and was known as “The Jolly Green Giant.” Colbert went on a short hot streak, impressing Gomez. The Padres soon traded Davis, clearing the way for Colbert to play every day.

From 1969 to 1972, Colbert put up huge power numbers, twice hitting 38 home runs in a season and twice posting slugging percentages of better than .500. Those numbers become even more impressive given his home ballpark, San Diego Stadium, which featured a distance of 420 feet to center field and outfield walls that stood 17 feet high. In 1972, Colbert’s best year, he collected 111 RBIs, accounting for nearly 23 per cent of the Padres’ run total for the season. That remarkable 23 percent figure remains a major league record.

Colbert was never better than he was on August 1 that season, when the Padres played a doubleheader against the Braves at Atlanta’s Fulton County Stadium. Colbert hit two home runs in the first game, one against Ron Schueler and one against Mike McQueen, and then smacked three more in the nightcap, victimizing Pat Jarvis, Jim Hardin, and Cecil Upshaw.

The fifth home run matched the doubleheader record set by his boyhood hero, Musial. (To make the story even better, Colbert claimed that he was one of the fans in attendance at Sportsman’s Park the day that Musial hit his five home runs.) Rather dramatically, Colbert hit the record-tying home run in the ninth inning against Upshaw, a tough right-handed reliever who threw with a submarine delivery. That home run gave Colbert 13 RBIs for the doubleheader, establishing a record for a single day.

Colbert’s years with the Padres provided other memorable moments, including the infamous night in April of 1974 when new team owner Ray Kroc took over the public address system on Opening Night at San Diego Stadium. “Well, we had just gotten thumped in LA,” said Colbert, setting the scene. “And we came home… and were getting thumped again [by the Astros]. So I was the hitter, and somebody comes on the mike and says, ‘People of San Diego…’ It scared me, I thought it was God. You know, I thought, oh gosh, the rapture was coming, and I’m not ready. And he said, ‘I want to apologize for such stupid baseball playing.’ So in protest, I said to myself, I’m not swinging.’ I just stood there and I walked… We eventually got a rally going. We scored five runs [actually three runs]. He [Kroc] apologized to us later. And I told him, ‘You own us. You can say what you want!’ ”

That same season, Colbert struggled in making the transition to the outfield. The Padres moved him there to make up for wintertime acquisition Willie McCovey, who took over first base. That was also the summer that Colbert’s chronic and longstanding back problems worsened. Diagnosed with a congenital condition caused by degermation of his vertebrae, Colbert’s hitting mechanics were severely affected by 1974, leaving him with a batting average of .207 and a paltry 14 home runs. That winter, the Padres traded Colbert, sending him to the Detroit Tigers for a package of shortstop Eddie Brinkman, outfielder Dick Sharon, and a minor league pitcher named Bob Strampe.

Colbert would spend an unproductive tenure of two and a half months in Detroit before being sold to the Montreal Expos at the June 15th trading deadline. (That explains why Colbert appeared on only one Topps card as a member of the Tigers. Appropriately, the 1975 card shows him with an upturned cap and another large smile.) He would fare little better with the Expos before being released in June of 1976.

Later that summer, Colbert signed with the Oakland A’s. Although he appeared in only two games and went hitless in five at-bats for the A’s, he enjoyed his time playing for another controversial owner, one who surpassed Ray Kroc for unpredictable behavior. “As far as Charlie Finley, I loved Charlie Finley,” Colbert said. “I thought he was awesome. When he traded for me, he told me that he always wanted me to play for him. He told me couldn’t afford me the next year [1977], but he wanted me to have a good time that year [1976]. He told me if I needed anything, just call him. He treated my wife and I very well.”

Becoming a free agent after the 1976 season, Colbert drew little interest from teams. One team, the expansion Toronto Blue Jays, offered him an invite to spring training as a non-roster player. Colbert took the offer, but his back problems persisted, resulting in his release early in spring camp. The release officially ended his major league career.

It was during his brief tenure in Oakland that Colbert met his wife, Kasey, to whom he remained married for the rest of his life. The couple would have nine children and 22 grandchildren. They both became ministers and co-owners of an organization that provided advice and counseling to amateur athletes considering careers at the professional level.

While Colbert did a lot of good work with kids, his post-baseball life also involved controversy. In 1990, Colbert was indicted on 12 felony counts of fraudulent loan applications. He listed real estate assets that he did not actually own on several loan applications to banks. Under the maximum penalty, he could have faced 40 years in prison, but Colbert eventually pled guilty to only one charge and served six months in a medium-security facility.

After his release from prison, Colbert returned to his ministry and opened up several baseball schools. He also served briefly as a minor league manager in two independent leagues before again returning fulltime to his ministry work.

In more recent years, Colbert hosted a weekly radio show on KBAD Radio, an affiliate of NBC. He also hoped to write a book about his experiences, including his work as a minister, though he never did embark on such a project. But for Colbert, his ministry was clearly his obsession. “I love to pray,” Colbert said during his visit to the Hall of Fame. “And I love to teach. I love the involvement with other people.”

Given the broad smile on his 1969, 1973, and 1975 Topps cards, Nate Colbert’s affinity for people should have come as no surprise. He made life fun for many of his teammates and helped a lot of youngsters along the way. And there’s little doubt that he enjoyed just about every day that he spent playing our game.

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 variations, 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 on 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.

Digital Junk Wax from Fox

During the playoffs a few of us noticed that Fox was putting out baseball card inspired graphics. These were showing up as Tweet previews among other things and they caught my attention due to being interesting twists on something I was already familiar with.

The first batch I noticed were all riffs on 1991 Topps. Urias is from October 11, Marsh from October 18, and Kim from the 21st. They seem to be used to illustrate player profiles—quite appropriate for a baseball card reference—and show a great attention to detail. I really like the addition of the facsimile autographs and adding the logo baseball so they can use the pennant for the Fox logo. Everything fits together perfectly plus they have some of the better fake printing I’ve seen.

Depending on your browser window width you’ll see either the horizontal or vertical designs. The horizontals show up on narrower views as a header and, since they’re the social media preview image as well, I suspect they were designed first. That said I really like the vertical designs and how they look like they might fit in tobacco pages.

Just when I’d gotten used to 1991 Topps though Fox dropped a 1991 Donruss inspired design of Jeremy Peña. This one doesn’t work quite as well in part due to the need to have a vastly different approach to the name box. 1991 Donruss is such a diagonal design that the horizontal modification just won’t work.

I do however really like making the border designs match the team colors. Dropping the Astros logo back there is a fantastic as well and letting the photo of Peña overlap the borders makes everything much more dynamic. While this doesn’t work as well as a design reference it has a lot of great ideas demonstrating about how 1991 Donruss might not be as bad as so many people say it is.

Fox then threw me by using 1989 Topps Football for Harrison Bader. It’s interesting that this very plain design* works so much better digitally.**  I suspect that a large part of this is due to the way the horizontal design makes the stripes a lot more prominent. I’m not sure the vertical would be as nice if it didn’t have the black fade.

*I’ve never seen anyone gush about this set or design. 

**Though one reason for this is that Fox’s logo is a black overlay that I barely notice against the out of focus crowd.

The most-recent “card” Fox has posted is this one of Chas McCormick. I don’t recognize the design except that it kind of looks like a mashup of of all three previous designs. Some of 1991 Topps’s double borders mixed with 1989 Football’s stripes and a 1991 Donruss cant. The result is kind of generic but also something that totally suggests modern Topps Big League.

I also went back through the archives and found Fox had been doing these well before the playoffs started. Working backwards through the archive I found Rowdy Tellez in a 1991 Topps design on September 30, Mike Trout as 1991 Donruss on September 22, Trayce Thompson and 1988 Donruss on September 14, Adam Wainwright as 1989 Pro Set Football on September 13, and Aaron Judge in 1989 Topps Football on September 7.

I continued looking back into July but the Judge was was first obvious trading card design I could find. Is interesting to me it was a football design which Fox selected. It’s also worth nothing here that the Judge uses a fantastic halftone dither with a real rosette pattern.

The Mike Trout also deserves some discussion. There are differences in the name/position handling, logo treatment, and photo cropping compared to Peña but the 1991 Donrussness shines through. I’m pretty sure the borders use the exact same design elements too. But the team color treatment looks great and confirms how taking 1991 Donruss in a team color direction would completely transform the set.

The whole group of eleven designs is also something that I find really cool. There’s a whole range of made-up cards as used on programs and other printed material but the way these are intended for a digital audience got me thinking about Topps Bunt, the nature of digital cards, and how so many of them evoke physical properties.

These are purely digital creations (though you could absolutely print the horizontal ones out as real cards) but they have designs which suggest that they’re real physical items and aren’t just web graphics. From things like the print screens to the way there are borders and margins which treat the graphic as a self-contained object, they don’t feel at all like the usual illustrations we see online.

It’s also interesting to me how every one of these evokes a junk wax era design. That’s not what a lot of people think of as the golden age of baseball cards* but it may be the era of peak trading card ubiquity. Those borders—even the football ones—are from an era when cards were everywhere and their presence was part of the national language of sports.

*As I gesture at the breakdown of what years are most covered by this blog.

That Fox uses them 30+ years later as visual shorthand for saying “this article will profile a player” confirms both how deeply steeped they are in our sports culture and how much trading cards in general color the way we remember and interact with sports.

Note

There are a couple other fake-printing graphics which Fox made before they started making the trading-card inspired ones. These suggest that Fox was moving this direction before it realized that trading cards were the look they wanted.

On September 1 Fox profiled Julio Rodríguez using a fake postcard complete with a fake stamp/postmark on the picture side of the image and bubble lettering that’s asking for a small image inside each letter. This graphic also includes a drop shadow to give the card depth and faked wear and tear on the paper.

It’s trying a little too hard for my taste (though the fake halftone rosettes are great) and ends up in the uncanny valley where it looks like something designed by someone who’s never seen an actual postcard.

The next day Fox wrote about Judge and Maris using what I’m guessing is a reference to a vintage program.* This is an interesting design complete with yellowed paper effects and a less-convincing fake halftone. Clearly not a card but, as with the postcard, it’s drawing on our associations with these things as physical objects.

*It looks very familiar to me but I can’t place it.

I haven’t noticed anything really like these since they started doing the trading card graphics the following week so it kind of feels like the trading cards had exactly the right feel Fox was looking for. I also didn’t see anything like these as I kept digging back in time through Fox’s archives. Nothing in August and I gave up digging in July.