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

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

Worth a Gamble?

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

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

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

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

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

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

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

Upper Deck and Ken Griffey Jr. take on Topps

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

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

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

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

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

Squeeze Play: Topps and Upper Deck Survive

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Major League Baseball v. Donruss

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

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

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

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

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

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

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

Exclusive Details: MLB Cuts Ties with Upper Deck

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

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

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

Topps v. Upper Deck

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

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

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

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

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

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

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

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

Upper Deck Thumbs its Nose at Major League Baseball

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

2010 Upper Deck Albert Pujols (#463)

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

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

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

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

How to Catch a Buzz

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

2009 Topps Heritage American Heroes box

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

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

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

A Case of Mistaken Identity?

2007 Topps Fausto Carmona (#497)

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

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

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

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

The Mastro Auctions Scandal

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

The infamous Mastro-trimmed T-206 Honus Wagner

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

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

Caveat Emptor  

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

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

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

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

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

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

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

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

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

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

Conclusion

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

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

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

More things change, the more they stay the same.

Notes

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

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

Websites

www.baseball-reference.com

www.retrosheet.org

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

Cases

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

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

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

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

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

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

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

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

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

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

Articles

Department of Labor Filings

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

Interview

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

Death and Taxes and Baseball Card Litigation [Part III, 1986-1998]

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

You may recall that Fleer and Donruss entered the baseball card market in 1981 after a Pennsylvania district court found that Topps and the Major League Baseball Players Association (“MLBPA”) had illegally restrained trade in the baseball card market. The court voided Topps’ player contract exclusivity clause and the MLBPA was ordered to enter into at least one additional licensing agreement “to market a pocket-size baseball card product, to be sold alone or in combination with a low-cost premium.” This freewheeling baseball card market was short-lived, however, once the Court of Appeals for the Second Circuit reversed the Pennsylvania district court’s order on August 25, 1981 and held the exclusive rights in Topps’ player contracts were legal and enforceable.

Ultimately victorious, Topps filed separate matters in Delaware (seeking to disgorge Fleer of its 1981 profits) and New York (seeking to recover Fleer’s profits for 1982/1983 claiming that Fleer’s team logo sticker was a “sham product”). Both cases were settled on confidential terms, though with a provision that allowed Fleer to continue selling baseball cards with team logo stickers.

The MLBPA Turns the Screws on Topps

Despite settlement between Topps and Fleer in the Delaware and New York matters, the case continued as to the counterclaim by the MLBPA against Topps, which the court astutely observed had likely been filed “in order to exert some pressure on Topps to abandon or at least modify the breadth of its interpretation of its player contracts.” Specifically, the MLBPA sought declaration that the word “alone” in Topps’ contracts did not include “low-cost non-confectionary items like Fleer’s team logo sticker.”

Marvin Miller, however, had admitted under oath in the prior Pennsylvania matter that Topps’ rights would be infringed by the sale of cards with a “completely valueless item” and that the MLBPA would have denied any proposal for baseball cards to be sold with a “trivial product.” Additionally, the court took issue with the absence of evidence regarding how much it cost to produce the stickers or “the extent, if any, to which the sticker motivates purchases” of Fleer wax packs. Topps argued the only way for Fleer to avoid an infringement claim would be to “make sure that the production cost of the [logo sticker] at least equal[ed] the production cost of the cards in the package.”

(L) 1982 Fleer logo sticker, (C) 1984 Fleer logo sticker front, (R) 1984 Fleer logo sticker back

However, the settlement of the underlying case between Topps and Fleer had altered the nature of the contract issue that the MLBPA wished to litigate. Although the precise terms were confidential, the settlement agreement required Fleer to increase the production cost of the logo sticker compared to the cost of the cards in each pack and specified that the logo sticker needed to be featured prominently on packaging and advertisement for the product.

Because Topps was satisfied that Fleer’s logo stickers no longer infringed on their rights to market cards alone, the court held that the MLBPA was seeking remedy for a package of cards (containing a “sham” sticker) that was no longer being marketed and that the MLBPA’s claim was nonjusticiable—it simply did not present an active controversy over which the court could preside. Accordingly, the matter was dismissed on August 25, 1986.

Turnabout is Fair Play

Separate litigation continued between Topps and MLBPA in New York. There, Topps alleged that the MLBPA had instigated a group player boycott; had attempted to monopolize Major League Baseball players’ publicity rights in violation of the Sherman Act; and had tortiously interfered with Topps contractual relationships with the players.

The compensation Topps offered for player contracts had remained unchanged since 1975—players received $5 upon signing the initial contract and received a $250 advance against his pro rata share of a royalty pool for every season he was a member of a major league club (and Topps used his picture on a card). All-Star pitcher Jim Kern described the deal with Topps rather pithily, “you get $250 from Topps, hell or high water, if your face is on a card.”

Marvin Miller had repeatedly attempted to negotiate better terms, but Topps ignored all demands—mainly because Topps’ individual contracting system left the MLBPA with little bargaining power. In fact, Topps had offered a lower royalty rate for exclusive rights than Fleer and Donruss had for non-exclusive rights prior to the 1982 season.

In an effort to increase their bargaining power, the board recommended that no player enter into or renew an agreement with Topps. Executive board member Buck Martinez acknowledged the MLBPA “simply wanted to negotiate a new contract with Topps.” The matter came to a head in January 1986, when Miller and Don Fehr distributed a memo that declared “the Executive Board has determined that it cannot, and will not recommend that any player enter into a new agreement with Topps, or renew or extend any existing agreement with Topps, pending the outcome of the discussions between the association and Topps.” Accordingly, few players signed renewals with Topps. The MLBPA thereafter presented Topps with a licensing offer of “commercially reasonable terms.”

Topps’ player contracts were set to expire with approximately 100 individual Major League players (a group that included most of the players deemed “superstars”) on December 31, 1986. Topps complained that it would be unable to produce a complete set of cards for 1987 if those contracts were allowed to expire.

In its opinion issued on August 1, 1986, the court found questions of fact regarding whether the MLBPA intended to obtain monopoly power. However, denial of Topps’ request for a preliminary injunction was a monumental win for the MLBPA, “Topps can easily avoid the irreparable harm it claims it will suffer by accepting the offer the MLBPA has made.” In other words, Topps could simply pay for the rights to renew those 100 players with expiring contracts, however unpalatable it was to Topps. Forced into the corner, a deal was struck that allowed Topps to market a full set in 1987 and beyond.

Though card manufacturers like Topps generally kept production numbers private, “one trade magazine estimated the tally at 81 billion trading cards per year in the late ‘80s and early ‘90s, or more than 300 cards for every American annually.”

In Re: Nolan Ryan Rookie Card

In April 1990, a 12-year-old collector walked out of the Ball-Mart card shop in Addison, Illinois with a beautiful 1968 Topps Nolan Ryan card. The owner of the shop, Joe Irmen, had been in the baseball card business for just a few weeks and had marked the card “1200” without a dollar sign, comma, or decimal point ($1200 was essentially top dollar for the card at the time). During a blitz of customers at the card shop, Irmen asked a clerk from his next-door jewelry store to help out. Unfortunately, that clerk had no knowledge about the value of the card and mistakenly sold it for $12.

After being inundated with requests for cheap Ryan rookie cards, Irmen discovered the $1200 card in his case had been sold at a steep discount—the receipt on file clearly showed the $12 purchase price.

The case was literally frontpage news in 1990.

Irmen initiated a manhunt and posted a sign in his store offering a $100 reward for information about the person who had purchased the card. Once the buyer (a minor) was identified, Irmen went to the child’s house, but no one answered the door. Thereafter unable to negotiate its return, Irmen filed a lawsuit in an effort to recover the card. The family, who felt the card was purchased fairly, filed a $60,000 counterclaim for defamation. 

The matter was set for trial on March 5, 1991 in front of DuPage County Judge Ann Jorgensen. Before the proceedings began, it was revealed that a trade had been made the night before in which the 1968 Ryan card had been exchanged for a 1965 Joe Namath rookie and 1967 Tom Seaver rookie. The bombshell revelation resulted in a shouting match between the attorneys. Bailiffs had to clear the courtroom.   

Once order was restored, the case was continued and eventually settled by way of the parties agreeing to have the card auctioned off for charity. On June 21, 1991 the card was sold for $5000, and the proceeds split between the parties to be donated to charities of their choice. 

Cutting Cards: A Cautionary Tale

In what may qualify as the original “cart art,” Dad’s Kid Corporation produced a set of “Tri Cards” in 1992 that were assembled using three identical baseball cards issued by Donruss, Fleer, Score, or Upper Deck. The top two cards were die-cut such that only the body of player remained. Those two pieces were then stacked and glued atop an uncut card to create a neat 3-D effect. Each card was encased in a plastic box and sold individually or in a two-pack, packaged such that each card was visible to potential buyers.

Front and back of Wade Boggs Tri Card, constructed from three 1991 Upper Deck cards.

The owner of Dad’s Kid Corporation, Christopher Kamar, had struck deals with Toys R Us, F.A.O. Schwartz, Spencer Gifts, and other retailers to sell his Tri Cards. Almost immediately, the Tri Cards were so popular that Dad’s Kid had to run three shifts of 100 assemblers per shift just to meet demand. In fact, its initial shipment to Toys R Us was so successful, Dad’s Kid had a reorder on the table worth upwards of $20 million when Upper Deck, Score, Leaf, and the MLBPA filed coordinated lawsuits in New York and California seeking to stop Dad’s Kid from selling its Tri Card products. The respective lawsuits alleged that any modification of existing baseball cards, without prior written permission, violated trademark and copyright law.

For its part, Dad’s Kid had undertaken a thorough legal analysis before it began the manufacturing process and was operating under a good-faith belief it was not infringing on any rights; it was simply using cards purchased legally on the secondary market. Moreover, the company posted an explicit disclaimer on each box alerting consumers it was not claiming any rights with respect to the cards and was otherwise not affiliated with any of the card manufacturers, MLB, or the MLBPA.

In the New York case, the MLBPA moved for an injunction asking the court to stop Dad’s Kid from selling Tri Card products. The district court refused, citing the “first-sale doctrine” in a ruling issued on November 12, 1992:   

“The fact that an enormous secondary market exists for baseball cards and baseball card derivative works leads me to conclude on this record that baseball players have little if any continuing publicity rights with respect to the use and reuse of their pictures on cards by subsequent purchasers and sellers of duly licensed baseball cards following a perfectly proper first sale into commerce for which the players get a royalty.” Effectively, the players did not have the right to control what was done with the cards after the initial sale and had no claim for any additional compensation. On the heels of this victory, Dad’s Kid announced its Tri Cards would be back in 1993.

The lawsuits rolled on, however, and in April 1993 the New York case was consolidated with the California matters to continue there. Unfortunately for Dad’s Kid, the California district court did not agree with (and was not bound by) the New York first-sale ruling and instead issued a permanent injunction on August 12, 1994 that prohibited Dad’s Kid from producing any further Tri Cards. The court further ordered that Dad’s Kid reimburse the plaintiff card manufacturers and MLBPA over $1 million collectively in attorneys’ fees and costs.

Dad’s Kid appealed and the case was eventually dismissed on March 8, 1996, pursuant to a confidential settlement.

Johnny Bench Hit by his Own Pitch

Sports cards and memorabilia sales continued to soar in the 1990s and quickly became a fixture on shop-at-home television stations. This format often preyed on those unfamiliar with the actual value of items and otherwise created an environment where even sophisticated collectors might get caught up in the frenzied sales tactics.  

Hall of Fame catcher Johnny Bench appeared on the Home Shopping Network on August 5, 1993 to hawk baseballs he had signed. In typical shop-at home fashion, viewers were initially told the autographed balls were worth $129. They claimed the baseballs would sell out at $99.95. Finally, the Bench-signed baseballs were dropped to the low, low price of $49.95.

Unfortunately for the Home Shopping Network and Bench, however, the New York Department of Consumer Affairs had started to monitor the values claimed for sports card and memorabilia. With the help of a trusted price guide, they determined that an autographed Johnny Bench baseball was worth $35, only 70% of its final “sensational” sales price.   

The first celebrity endorser to face such charges in New York, Bench was personally cited for misrepresenting the value of his own signature on a ball. Bench was hit with a $5000 fine in December and Home Shopping Network was ordered to pay $30,000.

Poking the Bear

Seeking to “put the fun back in baseball card collecting,” Cardtoons readied a 1993 release of parody baseball cards intended to poke fun at the egos and greed in the game (and the world) with an issue that was equal parts Wacky Packages, Garbage Pail Kids, and traditional trading cards. The set of 130 cards lampooned current players, retired legends, Michael Jordan (the baseball player) and political figures like Bill Clinton.

Clockwise: Raging Tartabull (No. BB-15), The Say What Kid (No. 40),
Treasury Bonds (No. 8), Slick Willie (No. S-3).

Cardtoons tapped free agent sportswriter Mike Sowell to create the players’ alter egos and write the card backs. Caricatures by Dayne Dudley and Dave Simpson were deftly rendered so that each individual was recognizable without including team logos that might run afoul of MLB’s rights. In fact, even the team names were changed to cheeky monikers (e.g., Orioles/Bore-Ioles and Cubs/Scrubs). The glossy cards were distributed in foil packs along with chase cards, foil versions, insert sets, puzzles, and redemption cards intended to skewer the baseball card industry, itself. Cardtoons’ initial run called for some 13 million cards to be printed.

Cardtoons first advertised their cards in the May 14, 1993 issue of Sports Collector Digest. This caught the attention of the MLBPA (who had not issued a license to Cardtoons to use the likenesses of the players depicted). The MLBPA sent Cardtoons a letter on June 18 asserting that its product violated the “valuable property rights of MLBPA and the players” and threatened legal action if any cards of active baseball players were sold. A similar letter was sent to the printing company, who immediately halted production.

Just days after receipt of the cease-and-desist letter, Cardtoons filed a lawsuit against MLBPA seeking a declaration that it could sell parody baseball cards without license from the MLBPA pursuant to First Amendment protection. At a subsequent evidentiary hearing, Cardtoons revealed it was sitting on nearly 4000 cases of product ready to ship. The MLBPA claimed it would never have licensed a parody set that poked fun at individual players (and also admitted to a “glut” in the market for baseball cards!).

The district court considered that parodies (such as political cartoons) were generally protected by the First Amendment and “deserving of substantial freedom—both as entertainment and as a form of social and literary criticism.” The issue the court wrangled with, however, was whether “one can sell a parody” and ultimately decided that Cardtoons could not profit from the players’ likenesses and fame. An order was entered that prohibited Cardtoons from selling cards containing the likenesses of active Major League ballplayers (101 of the 130 cards in the set). Damages were denied because none of the cards had actually been sold at the time the decision was rendered on November 23, 1993.          

The Cardtoons set eventually saw the light of day, however, because raunchy rap group 2 Live Crew sampled a Roy Orbison song without permission. In a case that went all the way to the U.S. Supreme Court, 2 Live Crew prevailed in a ruling handed down on March 7, 1994 in which it was held that a commercial (i.e., made specifically for sale) parody song could constitute fair use.

Cardtoons sought reconsideration in light of the 2 Live Crew ruling and on October 25, 1994, the district court reversed its prior decision, this time finding it reasonable that Cardtoons would seek compensation for its efforts and recognized that “parodists will seldom get permission from those whose works are parodied. Self-esteem is seldom strong enough to permit the granting of permission even in exchange for a reasonable fee.” The court ultimately ruled that that right of publicity did not “confer a shield to ward off caricature, parody and satire” and that the Cardtoons cards were protected by the First Amendment, regardless of their commercial nature.   

Finally clear to distribute their cards, Cardtoons released the set in 1995—the product’s overarching message elegantly punctuated by intervening strike and cancellation of the 1994 World Series. While the original version of cards was set to be “90 percent positive in the way they portrayed players,” Sowell’s opinion soured as the court battle raged. He decided there was “no need to be nice” and satirized the players as he saw fit.

Front and back of Egotisticky Henderson (No. 35).

The appeal filed by MLBPA was denied in 1996, the Tenth Circuit ruling succinctly that “the last thing we need, the last thing the First Amendment will tolerate, is a law that lets public figures keep people from mocking them.” But for the protracted lawsuit, Cardtoons had plans to issue card sets for other sports.

Mickey Mantle v. Upper Deck

On February 1, 1993 Mickey Mantle entered a three-year contract that gave Upper Deck “exclusive worldwide rights to use and reuse. . .Mantle’s name (as well as any nicknames), image, likeness, artists’ portrayal of image or likeness, visual representation, signature (or facsimile thereof), photograph, voice, biography, statistics and endorsements” for baseball cards and associated promotional materials. Upper Deck’s 1993 Mantle issues were relatively modest, including several “All-Time Heroes” multiplayer cards and a “Then and Now” card featuring a young Mantle aside a holographic image an older Mantle wearing an Upper Deck jersey. 

In 1994, Upper Deck produced a slew of Mantle cards, including one that was personally signed by both Mantle and Ken Griffey Jr. That year, Topps also issued a Mantle card as part of its Archive set, styled as a 1954 Topps card and clearly indicating on the reverse that it had rights to issue the card per an agreement with Upper Deck. (Mantle was signed with Bowman exclusively in 1954 and 1955 and Topps had not issued Mantle cards those seasons.)

Though labeled as a Topps Heritage issue, this card (No. 259) was actually distributed as an insert card in packs of 1994 Upper Deck All-Time Heroes because Upper Deck held exclusive rights.

Despite Upper Deck wholeheartedly issuing a multitude of Mantle cards in 1994, the company reportedly soured on the deal after Mantle publicly admitted he had undergone alcohol rehabilitation. Mantle filed a lawsuit late in the year claiming that Upper Deck had threatened to rescind the contract unless he agreed to take a pay cut. Upper Deck admitted, “discussions regarding restructuring Mr. Mantle’s contract were the product of his disability and other performance-related concerns.” Upper Deck claimed Mantle had “failed to live up to his commitments as effective spokesperson for the company.”  

In February 1995 the parties agreed to participate in arbitration (an alternative dispute resolution process in which three arbitrators—not a jury or judge—decide the case and amount of damages, if any). Despite the ongoing dispute, Upper Deck went ahead and issued a set of metallic Mickey Mantle baseball cards in 1995.

Somewhat ironically, Upper Deck sued several parties in a separate action on February 14, 1995 claiming that those companies could not sell items autographed by Mantle during the term of Upper Deck’s exclusive contract with Mantle. One of those companies, Score Board, prevailed because its contract with Mantle specifically provided it could sell off remaining merchandise after that contract expired on January 31, 1993.  At the same time, Score Board had separately sued Upper Deck in New Jersey claiming that Upper Deck was improperly selling autographed Ken Griffey Jr. signatures that Score Board had exclusive right to sell.

On May 28, 1995, Mantle was hospitalized and underwent a liver transplant on June 8. After Mantle passed away on August 13, 1995, collectors scrambled to acquire Mantle items and Upper Deck, alone, sold more than $500,000 worth of Mantle memorabilia on the heels of his death. Mantle’s (estranged) widow Merlyn and personal attorney Roy True continued to prosecute the Upper Deck case on behalf of Mantle’s estate.  

On May 22, 1996 the arbitration panel awarded the estate nearly $5 million (approximately $9.7 million in today’s dollars), which included actual damages for having sold Mantle merchandise without a license to do so, punitive damages, and attorney’s fees. Upper Deck sought to have the award vacated, but their efforts failed, and the lawsuit was closed in April 1997.

Orel Hershiser Adds Another Shutout

Orel Hershiser is probably best known for his amazing 1988 pitching performance in which he tossed 59 consecutive shutout innings. A decade later, Hershiser sued Vintage Sports Plaques (“Vintage”) for infringement of licensing and publicity rights after learning that Vintage was selling Hershiser’s baseball cards affixed to wooden plaques and labeled with his name. (Deluxe plaques included a “clock with a sports motif.”) The Hershiser cards used by Vintage were purchased from licensed manufacturers and framed without alteration. Vintage, itself, had no licensing agreements with any parties.

1989 Topps Record Breaker (No. 5)
Wouldn’t this make an amazing clock?

Vintage argued that the “first-sale doctrine” was a complete defense to the publicity claims. The first-sale doctrine provides that “once the holder of an intellectual property right consents to the sale of particular copies. . .of his work, he may not thereafter exercise the distribution right with respect to such copies.” The court rightly recognized that its failure to apply the first-sale doctrine in the Hershiser case would “render tortious the resale of sports trading cards and memorabilia” and would have a chilling effect on the secondary market for trading cards. In fact, refusing to apply the first-sale doctrine here would essentially make it impossible for a child to sell a baseball card to a friend.

Ultimately, the court found that Vintage was merely reselling cards that it had lawfully obtained. “This is more appropriately classified as a case of an entrepreneur repackaging or displaying the trading cards in a more attractive way to consumers rather than a case of an opportunist using Plaintiffs’ names and likenesses to sell frames and clocks.” The appellate court affirmed and the plaintiff’s declined to pursue any further appeal to the U.S. Supreme Court. Hershiser was shutout.

An Ocean of Cards

Although the MLBPA had long been involved in baseball card-related disputes and litigation, the owners of the ballclubs had not been quite so active, perhaps because collecting money for the use of their trademarked logos and uniforms, while very lucrative, was not the lifeblood that licensing revenue represented for the MLBPA.

This changed in 1998, however, when Major League Baseball Properties, Inc. (“MLB”) learned that Pacific Trading Cards was in the process of manufacturing and distributing cards that depicted players in their MLB uniforms, despite MLB having refused to grant a license to Pacific for the current set. (MLB had authorized previous Pacific issues).

Pacific was fully licensed by the MLBPA and went forward with manufacture “either believing mistakenly that it would receive a license from MLB or not caring whether it would.” The MLB sued to stop Pacific from distributing their cards. The MLB’s request for a preliminary injunction was denied, inter alia, because the court felt that the inclusion of the logos or trademarks were only incidental to the depiction of the player and did not imply any sponsorship by MLB for the card.

An appeal followed by MLB and Pacific implored the court for permission to ship their cards immediately or the results would be financially ruinous. Ultimately, MLB and Pacific were able to reach a settlement and Pacific continued to issue sets of baseball cards through 2001.   

Throughout the 1990s, card companies, like Pacific, continued to churn out nearly innumerable piles of cards. An exclusive license for Topps was on the horizon, but the fighting would continue in nearly every corner of the hobby. 

To be continued…

Sources/Notes:

Cases

  • Fleer Corp. v. Topps Chewing Gum, Inc., 501 F.Supp. 485 (E.D. Pa. 1980). The only trading card product ever to outsell baseball cards was Wacky Packages in 1973-74. The court noted that the slab of gum weighed “4.30 grams” in 1978. Fleer had a net operating loss in 1978 and its net income (loss) was as follows: 1977—$346,621; 1976—$502,257; 1975—$720,274; 1974—($309,261); 1973—$382,354; 1972—$268,926; 1971—$148,494; 1970—($200,016). Roughly two thirds of baseball cards purchased are purchased by “heavy” buyers (i.e., those who purchase more than 200 cards per year.)  
  • Fleer Corp. v. Topps Chewing Gum, Inc., 658 F.2d 139, 658 F.2d 139 (3rd Cir. 1981). The number of players included in each licensing agreement varied. Some contracts, like those with Coca-Cola and Kellogg’s covered all the players, while others included “not less than 72, and not more than 300.”
  • Fleer Corp. v. Topps Chewing Gum, Inc., cert. denied, 455 U.S. 1019 (1982).
  • Topps Chewing Gum, Inc. v. Fleer Corp., 547 F.Supp. 102 (D. Del. 1982).
  • Tetley, Inc. v. Topps Chewing Gum, Inc., 556 F.Supp. 785 (E.D.N.Y. 1983). Tetley Tea manufacturer sued Topps for including “Petley Flea Bags” in its Wacky Packages release. Approximately 200,000 of the sticker was issued between 1975 and 1977 and Topps had produced approximately 400,000 more of the sticker for its 1982 release. Topps agreed to discontinue distribution of the offending sticker once the printed run was fully depleted.
  • Topps Chewing Gum, Inc. v. Major League Baseball Players Association, 641 F.Supp. 1179 (S.D. N.Y. 1986)  Topps paid royalties to the MLBPA computed at 8% of Topps’ first $4 million in net sales and 10% of Topps’ net sales in excess of $4 million.
  • Topps Chewing Gum, Inc. v. Fleer Corp., 799 F.2d 851 (2nd Cir. 1986). The MLBPA was granted intervention as a defendant in Topps case against Fleer; Topps had not sued the MLBPA directly in this action. The matter was remanded to the district court to be dismissed without prejudice, which would have allowed the MLBPA to have filed a new lawsuit against Topps, if they desired. No such suit was filed. 
  • Original Appalachian Artworks, Inc. v. Topps Chewing Gum, Inc., 642 F.Supp. 1031 (N.D. Ga. 1986).  The makers of Cabbage Patch Kids sued Topps for copyright and trademark infringement caused by the sale of its Garbage Pail Kids stickers. Between May 1985 and August 1986, Topps had sold more than 800 million stickers. Before issuing the Garbage Pail Kids product, Topps had unsuccessfully tried to obtain a license for Cabbage Patch Kids. Topps eventually agreed to a confidential cash settlement and design changes to the cards. “Cabbage Patch Dolls are Victorious Over Garbage Pail Kids.” The Columbus (Georgia) Ledger, February 4, 1987: 8.  
  • Fleer Corp. v. Topps Chewing Gum, Inc. 539 A.2d 1060 (Del., 1988). “Restitution serves to ‘deprive the defendant of benefits that in equity and good conscience he ought not to keep, even though he may have received those benefits honestly in the first instance, and even though the plaintiff may have suffered no demonstrable losses.’”
  • Cardtoons v. Major League Baseball Players Ass’n, 838 F. Supp. 1501 (N.D. Okla. 1993). The six companies with MLBPA licenses to sell baseball cards at the time were producing an estimated $1.3 billion in annual sales. Caricature was defined as “the deliberate distorted picturing or imitating of a person, literary style, etc. by exaggerating features or mannerisms for satirical effect.” 
  • Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994). The District Court had granted summary judgment for 2 Live Crew, holding that its song “Pretty Woman” was a parody that made fair use of the original Roy Orbison song “Oh, Pretty Woman.” The appellate court reversed because they felt 2 Live Crew had “taken too much” of the original for their own use and that the song constituted a commercial use. The Supreme Court subsequently reversed and remanded holding that 2 Live Crew’s commercial parody might qualify as fair use.
  • Cardtoons v. Major League Baseball Players Ass’n, 868 F. Supp. 1266 (N.D. Okla. 1994).
  • Cardtoons, L.C. v. Major League Baseball Players Ass’n, 95 F.3d 959, 39 USPQ2d 1865 (10th Cir. 1996). “Because Cardtoons’ First Amendment right to free expression outweighs MLBPA’s proprietary right of publicity, we affirm.” The court noted that royalties from baseball cards generated over 70 percent of the MLBPA’s licensing revenue.
  • Mantle v. Upper Deck Co., 956 F.Supp. 719 (N.D. Texas, 1997). Mantle sued The Upper Deck Company and Upper Deck Authenticated, Ltd.  These related companies are referred to collectively as “Upper Deck” for the reader’s benefit. Judgment confirmed for Estate of Mickey Mantle against defendants in the principal amount of $2,725,258.00, exemplary damages in the amount of $1,000,000.00, attorney’s fees in amount of $1,241,628.00, prejudgment interest at 10% per year from the date of the award until the date of judgment, and post-judgment interest at 5.81% per year.
  • Upper Deck Authenticated, Ltd. v. CPG Direct, 971 F.Supp. 1337 (S.D. Cal. 1997). Defendants included Shop at Home, Inc., CPG Direct, B&J Collectibles, William Rodman, Kenneth Goldin, Classic Games, Inc., Catch a Star Collectibles, Inc., The Score Board, Inc., Score Board Retail Corporation, The Score Board Holding Corporation.
  • The Score Board, Inc. v. Upper Deck Co., 959 F.Supp. 234 (D. N.J. 1997).
  • Allison v. Vintage Sports Plaques, 136 F.3d 1443 (11th Cir. 1998). Hershiser had otherwise earned $230,000 from licensing and endorsement deals from 1993 through 1996. Stockcar driver Cliff Allison’s widow Elisa was also a plaintiff in the case.
  • Major League Baseball Properties, Inc. v. Pacific Trading Cards, Inc., 1998 WL 241904 (S.D. N.Y. 1998).
  • Major League Baseball Properties, Inc. v. Pacific Trading Cards, Inc., No. 98-7700 (2nd Cir. 1998).
  • Cardtoons v. Major League Baseball Players Ass’n, 182 F.3d 1132 (10th Cir. 1999); Cardtoons v. Major League Baseball Players Ass’n, 208 F.3d 885 (10th Cir. 2000); Cardtoons v. Major League Baseball Players Ass’n, 335 F.3d 1161 (10th Cir. 2003). Cardtoons tried, and failed, to collect monetary damages from the MLBPA.

Articles

  • Paul Lomartire, “Baseball Cards and the Snaps of Spring,” The Tampa Tribune, April 4, 1982: 133.
  • John Leptich, “Boy sued over baseball card,” Chicago Tribune, November 10, 1990: 1.
  • “Nolan Ryan rookie card snafu headed to court,” The Tribune (Scranton, Pennsylvania), March 6, 1991: 12.
  • John Leptich, “Baseball card returns, trial goes on,” Chicago Tribune, March 8, 1991: 49.
  • John Leptich, “Charity delivers winning pitch in baseball card suit,” Chicago Tribune, April 23, 1991: 47.
  • John Leptich, “Ryan card brings $5000 and another flap,” Chicago Tribune, June 22, 1991: 41.
  • “Upper Deck Sues Rival Card Firm; Claims Trademark Infringement,” North County Times (Oceanside, California), August 2, 1992: 31.
  • Anne Michaud, “Small Baseball Card Firm Takes Hit from Big Leagues,” Los Angeles Times, October 22, 1992: 265.
  • “For the Record,” Los Angeles Times, October 23, 1992: 195. Dad’s Kid filed a counterclaim for $955 million.
  • Jim Bullard, “More than kids’ stuff,” Tampa Bay Times, January 1, 1993: 96.
  • Owen Canfield, “ML Players Association not amused by ‘Cardtoons,’” Central New Jersey Home News (New Brunswick, New Jersey), July 9, 1993: 24.
  • “Bench’s ink pitch draws ire,” Herald and Review (Decatur, Illinois), October 8, 1993: 30.
  • “Mantle files lawsuit against Upper Deck on contract balk,” Logansport (Indiana) Pharos-Tribune, November 4, 1994: 12.
  • Jay D. Preble, “Leagues fighting unlicensed cards,” Tampa Tribune, November 12, 1994: 24.
  • Gene Collier, “How do you spell egomaniacal?,” Pittsburgh Post-Gazette February 12, 1995: 25.
  • John Mabry, “Satire cards aren’t a hit with big-league players, Kansas City Star, April 16, 1995: 44.
  • “Doctor Says Mantle’s Prognosis ‘Quite Good’,” Daily Sitka (Alaska) Sentinel, June 23, 1995: 10.
  • Norm Cohen, “Classy Ripken Has No Quota,” Newsday (Nassau Edition) (Hempstead, New York), August 6, 1995: 144.
  • “Jordan, others not satisfied with agreement,” Index-Journal (Greenwood, South Carolina), August 17, 1995: 17.
  • “Baseball,” Salina (Kansas) Journal, June 2, 1996: 34.
  • “Appeal Fails Over Use of C. Allison Trading Card,” Birmingham Post-Herald, March 28, 1998: 14.
  • Dave Jamieson, “The Great Baseball Card Bubble,” Slate, March 24, 2010.

Websites

https://bizfileonline.sos.ca.gov/search/business, Record number 1826013, accessed October 18, 2022.

tcdb.com

Interviews

  • Christopher Kamar, telephone interview with author, October 21, 2022.
  • Michael Sowell, telephone interview with author, November 5, 2022.

Special Thanks

Special thanks to Jason Schwartz for reviewing this article and offering helpful suggestions.

Appendix 1

Tri Cards Checklist (Cards are not identified with a Tri Cards set number or date of issue by Dad’s Kid Corp. Cards are individually numbered to 50,000. Production was halted before 50,000 of any card was manufactured and no records remain regarding the actual number produced of each Tri Card. Additionally, no checklist of Tri Cards manufactured exists, so the following list may be incomplete.)

PlayerCard Used
Alomar, Roberto1991 Donruss
Alomar, Sandy1992 Donruss
Boggs, Wade1991 Upper Deck
Bonds, Barry1991 Donruss
Bonilla, Bobby1991 Donruss
Browning, Tom1991 Upper Deck
Canseco, Jose1991 Score
Canseco, Jose1991 Upper Deck
Canseco, Jose1991 Score
Chamberlain, Wes1992 Donruss
Chamberlain, Wes1991 Fleer
Clark, Will1991 Upper Deck
Davis, Eric1991 Fleer
Davis, Eric1991 Upper Deck
Dawson, Andre1991 Upper Deck
Fielder, Cecil1991 Upper Deck
Fielder, Cecil1991 Donruss
Gonzalez, Juan1992 Donruss
Gooden, Dwight1991 Score
Gooden, Dwight1991 Upper Deck
Ken Griffey Jr.1991 Upper Deck
Ken Griffey Jr.1991 Donruss
Henderson, Rickey1991 Upper Deck
Henderson, Rickey1990 Score
Henderson, Rickey1991 Donruss
Jefferies, Gregg1991 Upper Deck
Johnson, Howard1992 Donruss
Joyner, Wally1991 Fleer
Justice, Dave1991 Donruss
Maas, Kevin1991 Donruss
Martinez, Ramon1992 Donruss
Mattingly, Don1991 Upper Deck
McGriff, Fred1991 Donruss
Mitchell, Kevin1991 Upper Deck
Morris, Jack1990 Upper Deck
Ripken, Cal1991 Upper Deck
Ryan, Nolan1991 Upper Deck
Ryan, Nolan1991 Donruss
Sandberg, Ryne1991 Donruss
Smith, Ozzie1991 Donruss
Strawberry, Darryl1991 Score
Thomas, Frank1991 Donruss
Vaughn, Greg1991 Fleer
Yount, Robin1991 Fleer
Appendix 1 – Tri Cards Checklist

The Milwaukee Racing Sausages

There are many mascot races in the major and minor leagues these days, but it all began at Milwaukee County Stadium on June 27, 1993, when a modest scoreboard animation suddenly burst into live action on the playing field.

That Sunday afternoon, the original Klement’s Famous Sausages—the Bratwurst, the Polish and the Italian—surged out from behind the left field fence and began running haphazardly toward home plate, weaving uncertainly back and forth in their seven-feet from head to knee lederhosen, red-and-blue striped koszulka, and tall chef’s hat.  

Brainchild of Milwaukee graphic designer Michael Dillon of McDill Design, the racers were an instant hit with the 45,580 Brewer fans in attendance.  At first, the races were only held on dates when a big crowd was expected. Later, the races occurred every Sunday.  Finally, they became a ritual between the sixth and seventh innings at every game.  In the mid-1990s, a Hot Dog was added to the County Stadium line-up.  A fifth sausage, the Chorizo, later broke into the regular line-up.

Topps Between Innings, 2014 BI-6, Famous Racing Sausages

The races continued after the Brewers moved to the then-named Miller Park.  On July 9, 2003, Pittsburgh first baseman Randall Simon took a playful tap of the bat at the back of the Italian Sausage as the runners passed the third-base visitor’s dugout.  The poke knocked the mascot to the ground, and the hot dog tripped over the fallen racer.  Young women were playing the role of each racer.  Both suffered cuts and bruises.

Sheriffs at the ballpark took a dim view of Simon’s interference and launched a criminal investigation.  Judicial proceedings ended with a $342 fine levied against the Pirate for disorderly conduct.  Major League Baseball elbowed into the act and suspended Simon for three days.  

Topps Heritage, 2003 156, Randall Simon

Despite the Simon incident, a friendly rivalry evolved between the Sausages and the Pierogies of the Pittsburgh Pirates, and the two mascot teams now face off with each other in an annual home and away relay race.

Topps Between Innings, 2014 BI-2, Pierogi Race

But don’t expect anything similar with the Racing Presidents of the Washington Nationals.  There’s some bad blood between the mascots, with the Presidential team mocking the Milwaukee originals as cardboard  “Un-talian sausage,” “No-lish Sausage,” “Not-Dog,” “Not-Wurst,” and “Choriz-No.”

No matter.  The Racing Presidents baseball card is the ugliest baseball card produced so far in the 21st century.

Topps Team Traditions and Celebrations, 2018 TTC-PR, Racing Presidents

Modern Love

My time with SABR Baseball Cards has seen me evolve (or devolve if you like) from someone with zero interest in modern cards to someone who just completed the 2022 Topps Series One set from packs and trades, has more than 700 different Dwight Gooden cards, and now occupies 72nd 64th place among Clayton Kershaw collectors in Trading Card Database. (View my collection.)

The first question I’ll address is how I got here, or, if you like, who to blame. As with much in life, I’d say there was no single cause but rather a succession of nudges that brought me into my present circumstance.

  • A few years back, my friend and Hobby legend Anson Whaley, the collector behind the fantastic Pre-War Cards website and Twitter account, uncharacteristically announced his own plunge into Gooden super-collecting, and I found myself unexpectedly envious. Had he done similar with Jose Canseco, Bo Jackson, or just about any other junk wax superstar, I wouldn’t have blinked an eye, but Dr. K was a different story. His cards and box scores were absolute obsessions of mine in 1985, and the nostalgia was too much to resist. Once Anson agreed to sell off his 500+ doubles, I was off to the races.
  • Shortly after, I found myself at a card shop in Portland with SABR president Mark Armour. While my prize purchase was a 1971 Topps Dick Allen card, we each spent the $6 or so on a single pack of the year’s current Topps cards. While the cards inside were rather pedestrian, the experience of opening a pack brought back all kinds of fun memories.
  • Around that time some of my SABR Chicago buddies and I started holding Junk Wax nights, which reinforced the pleasure of packs with friends, whether or not anything pulled would ever represent a significant addition to my collection in any way other than volume.
  • During the 2020 postseason, I somehow became possessed by the notion that I needed to buy Clayton Kershaw and Mookie Betts rookie cards in order for the Dodgers to win the title. (Judge me if you like, but it worked!) This same year I had also enjoyed many of the cards and artists of Topps Project 2020 and subsequently (if you count it) bought the Topps Now card of Mike Pence with the fly on his forehead.

Perhaps most importantly of all, the vintage cards I’d been after for so many years had seemingly tripled in price during this stretch, limiting my options as a collector to buying modern or buying nothing at all. With rookie card in hand then, why not collect my favorite player’s entire career? Well, actually there were…11,682 reasons?!

Yes, this is Clayton’s 15th year in the league, but 11,000-plus cards to collect? That’s insane! On the other hand, the notion of a virtually unattainable set is only limiting when regarded as something to complete. Another way to look at it is that there are literally thousands of different cards of Clayton Kershaw to choose from, and the good news is that most are extremely affordable.

In a recent lot I purchased, the average price per Kersh was a mere 31 cents.

Still, my collector DNA doesn’t allow me to stockpile cheap Clayton Kershaw cards with no plan or checklist to the hunt. Therefore, I’ve begun to develop some goals around the collection.

Clayton’s flagship Topps card each year

This is probably the minimum any modern player collector goes after. I still have some I need (2012, 2013, 2014, 2016), but none will be pricey or difficult to find.

At least one “pre-rookie” card for each team Clayton was on

As many of us enjoy the notion of our player collections telling the story of a career, why not have cards of Clayton pitching for the Junior National Team, the Scots (Highland Park High School), and the Great Lakes Loons (Midwest League)?

Cards that look super cool (but are still cheap)

Here are five of my favorite Clayton Kershaw cards. Total spent was about $3, with three of the cards coming my way for free thru the NGT Collectibles Sunday Giveaway thread or my SABR Chicago collecting cadre.

Do I think this sort of thing is for everybody? Not necessarily. All I can say is that for me the burgeoning Kershaw collection has been a rewarding and inexpensive way to remain an active collector, find cards I want/need at card shows, and even occasionally pull something from a pack that goes into my binder. Plus, I really do like his cards, and that has to count for something!

Just promise me, readers, you’ll stage an intervention the day I start adding cards of cartoon Clayton playing hallway hockey with Matthew Stafford to my once proud collection of Aaron, Campy, Jackie, and the like.

When Topps covers politics

One of the elements of Topps Heritage that routinely catches my eyes are the Heritage News Flashbacks. For a small insert set which is purportedly about the heritage year’s news highlights, I’ve found it to be an interesting window into what kind of things Topps considers mass-market newsworthy.

Given Topps’s coverage of the 1950s–1970s we have a lot of civil rights firsts,* a lot of space exploration, and a lot of Vietnam War related events. All things which are conceivably politically neutral. In many years though Topps also commemorates legislation and other political achievements. These were clearly highly political at the time but also frequently remain political even today. When I look through the insert checklists it’s these cards that catch my eye in the way that they have one foot in both “this is something worth commemorating” territory and “this is what people say we shouldn’t talk about in the hobby” territory.

*The number of “first black” or “first woman” events Topps chose to celebrate is both refreshing to see and an indictment of who has been traditionally allowed to succeed in our society.

Not only do these legislative inserts catch my eye but they frequently have an interesting context outside of the just the card. This 2009 card commemorating the 1960 Civil Rights Act for example came out the same year that Barrack Obama became the first Black President and the year that Congress authorized the Civil Rights History project to collect oral histories from people who were active in the struggle during the 1950s and 1960s.

The thing with these news flashbacks cards though is that they also tend to frame history as a series of accomplishments rather than a continuing struggle and discussion. Looking at this card gives the impression that we’ve achieved equality at the polls and that no further work needs to be done to maintain things let alone improve on them further.

In 2010 we have acknowledgment of how Washingon DC residents were disenfranchised through the 1960 election with a card the commemorates the ratification of the 23rd Amendment. It’s definitely a good thing that their presidential votes count now but the struggle for DC statehood and representation continued after this amendment.

In terms of the context of this 2010 card it’s important to mention DC’s statehood has been endorsed by multiple Presidents now and that there was a referendum in 2016 in which 86% of DC voters expressed a desire for statehood.

Skipping to 2012 and we find a card commemorating the US Government forcing the University of Alabama to integrate in 1963. This isn’t a legislative card but it positions the Federal Government overruling a state government both in the courts and via the National Guard as an inherently good thing.

In 2013 we pick up where 2009 left off with the Civil Rights Act of 1964. As with the 2009 card this states plainly that segregation is outlawed as well as discrimination against ethnic, racial, and religious minorities plus women. This card doesn’t note how the Civil Right Act of 1964 is what prompted Southern Democrats to switch parties and drastically rearrange the political geography of the United States.

Coming out in 2013 is kind of some amazing immediate context too. Between the Trayvon Martin murder which spawned the Black Lives Matter movement and the Fisher v U of Texas case that threatened to roll back Affirmative Action the discussion about how relevant the Civil Rights Act of 1964 still was and whether its protections were still needed make this card anything but politically neutral.

The 2014 card which commemorates the Voting Rights act of 1965 is the card which prompted this post. For Topps to publish this the year after Shelby v Holder feels almost like an intentional political comment. With a headline about securing voting equality despite the mechanisms for actually keeping voting equality having just been ripped out of the act this card reads almost as a eulogy for what was rather than a milestone that was reached.

The ensuing decade has confirmed my sense of it being a eulogy as we’ve seen increased attacks on voting access nationwide.

We’ll skip a few more years and land in 2017 with yet another Civil Rights Act, in this case 1968’s, which was in the news a bit that year. This act contains within it the Fair Housing Act which prohibits discrimination in both renting and sales. The list of protected categories started off as including just race, religion, and national origin but has expanded to include sex, disabilities, and children. In 2017 sexual orientation and gender identity were added to this list via the judicial system (but never got anywhere in Congress).

This act also included some anti-riot language which made it a crime to travel between states in order to participate in a riot. It was notably used on the Chicago Seven and came up again in the aftermath of the Unite the Right rally in 2017 in which the courts ruled that its language was over-broad.

While this isn’t a legislative card I’ve included the 2018 card of the 1969 Stonewall Riots because of how much of a lighting rod it would be in today’s political landscape. This is history—both from a Gay Rights point of view and the fact that Marsha P. Johnson was a black transgender woman—which is currently being actively legislated against in multiple states nationwide and Topps just had it as a card only four years ago.

This card also came out in the aftermath of the 2015 Obergefell decision which legalized gay marriage and resulted in years of stories of workers and businesses who refused to acknowledge those rights and insisted that their rights to discriminate were more important.

After having maybe one political card per year, Topps went a bit nuts in 2019 and released four of cards of  things the government did in 1970. Some of these like expanding voting access to 18 year olds don’t require much comment. Others like the PBS card are noteworthy in the timing of how free educational television was moving to streaming services with shows like Sesame Street only releasing new episodes through HBO Max.

The Earth Day and creation of the EPA cards though are fascinating to see in an age of runaway climate change, the complete abdication by the US Government to do anything about it, and the shortsighted focus on immediate profits over a sustainable world.

Way back in 1970 the government realized it had to do something about air and water pollution. But in 2019, in addition to global climate change, the Flint Water Crisis was entering its fifth year and China had stopped taking all of our recycling and there was zero political will to do anything about any of it.

Back to only one card in 2021 but it’s a doozy for a year which was threatening to roll back many of the protections that women fought for in the 1970s as Covid had a greater impact on women’s jobs and abortion is getting outlawed nationwide.

In many ways that the Equal Rights Amendment was even put up for ratification in 1972 is something that surprises me. At the same time, in 2021 the House voted to remove the ratification deadline and the Senate version of that bill has 52 cosponsors.

Which brings us to this year and the commemoration of the 1973 Endangered Species Act. I haven’t seen anything specific about it in the news this year but it does seem like we’ve spent the past decade opening up public lands for development at the expense of habitat and wildlife needs.

In any case it’s pretty clear at this point that the biggest habitat threat is climate change and while the explicit protections and goals of the Endangered Species Act are laudable a larger, more-global, solution will be required moving forward.

And that’s the list. When looked at together it’s easy to reach a conclusion that Topps thinks that discrimination based on race, nationality, and gender is bad, that protecting the environment is good, and that voting should be accessible to all citizens. But it’s also easy to reach a conclusion that Topps considers that all of that has been accomplished already and something we can look back upon and celebrate much in the same way the Major League Baseball commemorates Jackie Robinson as a way of ignoring its current track record on racial equity.

Cardboard Famous

A reply to a recent SABR Baseball Cards social media post led me to think about the baseball players more famous for their baseball cards than for any of their on or off the field exploits. Here are ten who I believe fit the bill.

BILLY RIPKEN

Ripken lasted twelve years in the big leagues as an infielder, including an all-star caliber season in 1990. Today he is a frequent co-host on MLB Network. His brother is baseball’s ultimate Iron Man and one of the greatest shortstops in history. And still, say the name Billy Ripken and card collectors think only of one thing: his 1989 Fleer F*ck Face card.

BUMP WILLS

His career on the diamond lasted only half as long as Billy Ripken’s but he spent six years as the regular second baseman for the Rangers and Cubs, topping 30 steals four times while batting a respectable .266. Like Ripken, baseball also ran in his family. Of course any kid who collected baseball cards in 1979 will know him best for this seemingly impossible cardboard trickery.

BRANDON PUFFER AND JUNG BONG

Puffer played four years in the big leagues, appearing in 85 games for the Astros, Padres, and Giants. Jung Bong played one fewer season, appearing in 48 games for the Braves and Reds. The two pitchers combined for a WAR of -1.2. Though never teammates, the duo shared Future Stars cardboard in the 2003 Topps set on card #331, known to collectors (and chronicled by David Roth) as the “Bong Puffer card.”

OSCAR GAMBLE

Legitimately one of the best hitters of his time, scouted by the legendary Buck O’Neil, and the man behind the classic line, “They don’t think it be like it is, but it do,” Oscar Gamble would be remembered fondly even if he had no baseball cards at all. Fortunately that’s a hypothetical we need not ponder long when this pure cardboard gold is right in front of us.

SHERRY MAGEE AND JOE DOYLE

Magee built a borderline Hall of Fame career from 1904-1919 that included more than 2000 hits, four RBI titles, and 59.4 WAR. Even with those credentials I suspect many readers can only hazard a guess whether his name is pronounced Maggie, McGee, or Madgee.

Doyle, on the other hand, had a completely undistinguished career, seeing limited action on the mound over five seasons at roughly replacement level.

Whatever their on-field exploits, each of these players will forever be cardboard legends, with their error cards comprising half of the T206 set’s “Big Four.”

BENNY BENGOUGH AND ANDY PAKFO

Bengough was a career backup catcher who compiled 0.3 WAR over his ten seasons in the big leagues. When the 1933 Goudey set came out, he was already out of baseball.

Pafko, on the other hand, was a four-time all-star who batted .285 over 13 seasons with a career OPS+ of 117. His 1952 season (.287/19/85) was uncannily similar to his lifetime per 162 slash line of .285/19/85, and his midseason move from the Cubs to the Dodgers the prior year was one of the season’s biggest trades.

While neither player would top any list of all-time greats, each player topped many stacks of baseball cards, thanks to being numbered one in the 1933 Goudey and 1952 Topps sets respectively. Until the Upper Deck Ken Griffey, Jr., rookie card came along in 1989, I suspect these two players were the Hobby’s most famous set starters. Certainly both cards, in reasonable shape, carried a premium comparable to lesser Hall of Famers due to rubber banding, spills, and the myriad other ways stack toppers suffered disproportionate damage in collections prior to the advent of plastic sheets.

HONUS WAGNER

I’ll end the article with what may be my most contentious selection. Without a doubt, Wagner is a top shelf baseball immortal, considered by many to be the greatest shortstop of all-time if not the single greatest player of the Deadball Era. (In both cases, Pop Lloyd deserves consideration as well.) To an audience well versed in baseball history, therefore, Wagner is most famous for his tremendous playing career, even if most fans still pronounce his name wrong.

Yet whatever his accomplishments on the diamond, I suspect the Flying Dutchman is best known today, whether in the collecting world or the general public, for a single, transcendently pricey cardboard rectangle, our Hobby’s Mona Lisa.

Who else would you nominate for this elite club where ERR trumps WAR and even backup catchers can be number one? Sound off in the Comments!

The Many Faces of the “Topps” 1954 Mickey Mantle

The steady stream of Mantle Topps Project70 card creations, along with the release of the Topps 2021 Mickey Mantle Collection card set, and the recent works of art from Lauren Taylor, MissTellier, and Daniel Jacob Horine have brought to the surface several memories of baseball games involving my childhood hero.

The good memories include attending my first major league game at a packed Fenway Park on September 24, 1961, with my father hoping to see Roger Maris hit home run number 60 to tie Ruth. I also got to see Mantle play at Yankee Stadium when my aunt and uncle took me to a daytime double header in 1963. As good as those memories are, the one that I can recall most vividly is from a close encounter with Mick at the end of his career in 1968. On that day Mantle, only an arm’s length away, sat behind a closed window on the team bus outside Fenway Park and ignored my pleas for an autograph.

Besides the trip down memory lane, the recent uptick in Mantle activity also caused me to splurge on a piece of Mantle memorabilia from 1954 with a Topps tie-in that I have had my eye on for some time.

Since this piece of memorabilia involves baseball cards, I did some research on interpretations of Topps 1954 cards (With Bowman having signed Mantle to exclusive card contracts in 1954 and 1955 kids had to wait until 1956 for number 7 to appear on a Topps card again).

There are plenty of roll your own “Topps” 1954 Mantle cards available, some with interesting backstories, and the number continues to grow with two additions in 2021.

Upper Deck 1994 – All-Time Heroes Card

In 1994 Topps released the 1954 Archives set that included nice reprints of the original ’54 cards on thick glossy card stock along with “new” cards of players that did not appear in the original set. Topps did not release a “new” Mantle card in 1994, but Upper Deck did release one as part of its All-Time Heroes set since it had an exclusive contract with Mickey. The Upper Deck ’54 is considered a “short print” and current prices on eBay range from $40 – ungraded to $149.99 – graded.

Upper Deck 1994 All-Time Heroes – Mickey Mantle Card

Topps 1954 Style Mickey Mantle Cards

Topps issued 1954 style Mantle cards in 2007, 2011 and 2012. This year they have also released two more 1954 style cards. One as part of the Project70 series and the other as part of the 2021 Mickey Mantle Collection set.

The image on the front of the card Topps 1954 style Mantle for the 2021 Mickey Mantle Collection set is derived from the William Jacobellis black and white photo of Mantle from the 1951 season. This photo was also the starting point for the front of 1952 Bowman Mantle card.

Topps 1954 Style Mantle Card from the 2021 Mickey Mantle Collection set – Front

Unfortunately, the Topps research staff were asleep at the switch and the back of the cards display Mantle’s 1955 stats instead of his 1953 stats. Does this make it an “error” card?

Topps 1954 Style Mantle Card from the 2021 Mickey Mantle Collection set – Back

The Topps Project70 1954 style Mantle was created by CES.

Topps Project70 1954 Style Mickey Mantle by CES

Bob Lemke – 1954 Topps-style Mantle Card

My favorite 1954 Topps-style Mantle card is the one designed by Bob Lemke, the founding editor for the Standard Catalog of Baseball Cards, who passed away in 2017.

In one of his blog posts that can be found here, Bob provides details on the origins of all the elements used in his Mantle card.

1954 Sports Illustrated Mickey Mantle

I have been looking for a reasonably priced – Sports Illustrated – second issue – in good condition for some time and recently found one on eBay. I knew that the second issue contained a foldout section with a “missing” 1954 Mickey Mantle card.

Foldout of Yankees Cars from 1954 Sports Illustrated Issue #2

Sports Illustrated used a beautiful black and white photo taken by George Silk for the card. The same photo was also used by Sports Illustrated for the cover of its August 21, 1995, issue that was published days after Mantle passed away. Weakened by the onslaught of new Mantle material released in 2021, I clicked on the Buy It Now button and purchased the 1954 Sports Illustrated issue.

1954 Sports Illustrated Mickey Mantle Card – Front
1954 Sports Illustrated Mickey Mantle – Back

Since they don’t teach this style of writing in journalism classes anymore, I will close with an excerpt from the Sports Illustrated article that accompanied the foldout of the cards.

“Topps Chewing Gum, Inc., one of the leading gum-and-card concerns, issues an average of 15 cards per team, and this average holds for the Yankees. The 15 Yankee cards in Topps’s 1954 series are reproduced front and back on color on the following foldout. They are, of course, prize items. But SPORTS ILLUSTRATED has added prize items of its own to fill out the Yankee squad to full strength: black-and-white “cards,” front and back, of those Yankees for whom Topps – for one good reason or another – did not print cards. The result is a collector’s dream: 27 Yankees, a collection almost beyond the highest hopes of the most avid gum-chewing, card-collecting boy.”

“Hello, do you have Michael Jordan in a can?”

At the tail end of the “junk wax” era in 1995, Upper Deck—in tandem with a company called Metallic Impressions—produced a set that exemplifies the excess and weirdness of the era.  Taking advantage of the hoopla surrounding Michael Jordan’s attempt to become a baseball player, Upper Deck released a set of five Jordan “cards” on steel stock.  The five-card set is contained in a metal box with a detachable lid.

The “Michael Jordan Tribute Set” is rather conventional in design. Paper fronts and backs are adhered to the gold embossed steel. Action photos grace the fronts, with narratives of Michael’s baseball odyssey contained on the back along with another photo.  The cards are numbered MJ1-MJ5.

 The first card features a Little League photo of Michael Jordan, with the back providing the inspiration and rationale for retiring from basketball and trying a sport he last played in high school.

Card MJ2 is about the White Sox sending Michael to the Arizona Fall League after the Birmingham Barons AA season ended in September of 1994.  By the way, he got off to a fine start at bat and finishing with a respectable .252 average.

The final three cards are devoted to hitting, baserunning and fielding.  The text details Jordan’s hard work and continued improvement.

Of course, Jordon decided to end his pursuit of a baseball career in 1995 and the bottom fell out of the baseball card market.  The set I have is from the markdown section at Target, where my wife or I purchased it for my son in the late 1990s. Last summer, I rediscovered the set buried within a storage bin.

This set is an example of the prevailing philosophy of the “junk wax” era; throw stuff at the wall and hope something sticks.  In the case of the “Michael Jordan Tribute Set,” it fell clanking to the floor.

“You better let Michael out of the can before he suffocates to death!”

“9th Inning”

I started this amazing project last September. The first purchase was a Billy Parker card on 9/2/20, and on 7/8/21 I found the Larry Doby card I wanted to complete it all. I had so much fun assembling this mix of well known cards, as well as some I never knew existed.

Sixteen players out of the 86 did not have an MLB card produced, which made things very interesting. I had to dig for autographs, Minor League cards, original photos, and even game cards. The back stories of these great players were so interesting: the journey, the struggle, the closed doors eventually pushed wide open.

I learned so much about the players and their families, the Negro League and its origins. I’m a bit bummed it has come to an end but happy I was able to share it with all of you. Thanks to SABR Baseball Cards and the whole SABR team for giving me their platform to share it. So here we go, it’s the bottom of 9th, time for a walk-off!

George Crowe 1953 Topps. As you know I love the ’53 Topps set. So ahead of its time. Big George with the frames as a member of the Boston Braves. Crowe was an outstanding basketball player, and enjoyed the game better than baseball. He was smart enough to know there was more money in baseball back then. In 1947 he joined the New York Black Yankees where he hit .305 in 141 at bats. In ’52 he made his debut with the Braves. He played 11 years in MLB, in ’57 he had his best season smashing 31 dingers along with 92 ribbies for Cincinnati.

🐐fact: “Crowe was the most articulate and far-sighted Negro then in the majors. Young Negroes turned to him for advice.” – Jackie Robinson

Joe Black 2001 Fleer Stitches in Time Autograph. Figured I would go the auto route with Joe, it’s a super clean signature, and a card I have never seen before. Black pitched for 3 MLB teams over 6 years. His best season was his rookie year playing with the Brooklyn Dodgers. He finished 41 games, sported a 15-4 record with a 2.15 era, 15 saves, and took home NL ROY as a 28 year-old. Joe played for the Baltimore Elite Giants of the Negro League.

🐐fact: Along with Jackie Robinson, Joe pushed for a pension plan for Negro League players. After his retirement from baseball, he remained affiliated with the Commissioner’s Office where he consulted players about career choices.

Quincy Trouppe 1978 Laughlin BVG 8.5. This card was from a set of 36 cards by sport artist R.G. Laughlin honoring outstanding black players from the past. Quincy was one of the players in this project who was never featured on a MLB card. He only appeared in 6 games with Cleveland as a 39 year-old. That was his MLB career, but Quincy was a legend in the Negro Leagues! He was a big switch-hitting catcher, 6′ 2″ and 225 pounds. Excelled as a player, manager, and scout. Trouppe was a baseball lifer who did many great things for the game.

🐐fact: In 1977 Quincy self-published a book entitled, “20 Years Too Soon”. He also had a vast collection of photographs, and supplied Ken Burns with most of the Negro League video footage for his legendary documentary.

Hector Rodriguez 1953 Bowman RC. Hector played one year for the Chicago White Sox in 1952. He was a natural shortstop, and a native of Cuba. A member of the New York Cubans in the Negro League. Even though he only played a short time in MLB, he was a fixture in the International League for the Toronto Maple Leafs. As you can see on this awesome Bowman card with Yankee Stadium in the background, he’s about to sling that ball sidearm. He was known for his underhand flip throws from deep in the hole just like someone I enjoyed watching growing up, Tony Fernandez.

🐐fact: Hector sported a great eye at the plate. In 1952 with the White Sox, he struck out only 22 times in 462 plate appearances!

Frank Barnes 1960 Topps RC. This is a really sharp card, not centered well, but great condition. Barnes played in 1957, 1958 and 1960 for the Cardinals, he pitched in only 15 career MLB games. If you notice, Frank is a member of the White Sox on his baseball card, but he would never appear in a game for them. Barnes played for the Kansas City Monarchs, he was later sold to the Yankees along with Elston Howard.

🐐fact: Barnes continued to pitch professionally in the minor leagues and Mexico until age 40 in 1967.

Joe Durham 1958 Topps PSA 7 RC. Joe had his first taste of the big leagues in 1954 as a 22 year-old OF with the Baltimore Orioles. He missed the ’55 and ’56 seasons due to military service. He returned to the O’s in ’57, then finished his career with the Cards in ’59. Durham started his professional career with the Chicago American Giants of the Negro League. After his playing career was over he became the O’s batting practice pitcher, and then moved into the front office. He was a member of the Orioles organization for over 40 years.

🐐fact: “I was in the Negro American League because I couldn’t play in anything else. People talk about racism in Mississippi and Alabama. Mississippi was bad, and Alabama was bad, but Chicago was just as bad as any of them.” – Joe Durham.

George Altman 1958 Topps RC / 1964 Topps Autograph. This is a really crisp rookie card, obviously not centered well, but an overall nice card. The Altman autograph came from Ryans Vintage Cards, a really cool Instagram account that sells random vintage cards in re-packs. George played 9 years in MLB as an OF and 1B. He was a 2x All-Star with the Cubs. In ’61 he led the league with 12 triples, batting .303 with 27 HR and 96 RBI. He started his pro ball with the Kansas City Monarchs, mentored by the great Buck O’Neil who taught him how to play 1B. The Cubs signed George, as well as Lou Johnson and J.C. Hartman all from Buck’s word.

🐐fact: After his time in MLB, Altman went on to play ball in Japan, amassing 205 HR until he retired at the age of 42.

Lino Donoso 1956 Topps Pirates Team Card. Donoso was one of the toughest players to find anything on. It took me months to realize he was on the Pirates ’56 team card. It’s Clemente’s second year, so it’s not a cheap card even in poor condition. Lino was a lefty pitcher, a Cuban native who started his professional career in 1947 with the New York Cubans of the Negro National League. He made his MLB debut in 1955, and played a few games for Pittsburgh in ’56 as well. He had a long career in the Mexican League, and was elected to their Hall of Fame in 1988.

🐐fact: Donoso was a teammate of Minnie Miñoso for the New York Cubans in ’47. He sported a 5-2 2.18 ERA as a 24 year-old.

Editor’s Note: You can enjoy the rest of this series right here on the SABR Baseball Cards blog.

CTB: 1997 Topps #13 Derek Jeter (with guest Chris Snopek)

Covering the Bases (CTB) is a feature where we take a deep dive into a single card. With his Cooperstown Hall of Fame induction imminent we are taking a look at Derek Jeter’s 1997 Topps Card.

1997 Topps #13 Derek Jeter

Folks that folllow our columns likely suspect the draw of this card to me is the rookie cup. Derek Jeter was the 1996 AL Rookie of the year and the star of the years Topps All-Star Rookie Squad. Although I must mention that the 1996 AL Rookie WAR leader was not Jeter…

Jose Rosado was also snubbed for the All-Star Rookie squad in favor of reliever Billy Wagner, who received a grand total of ZERO ROY (NL) votes. Rosado spent the entirety of his five year MLB career with the Royals. He made a pair all-star teams including sharing the field with Jeter in 1999.

1997 Topps

The 1997T is simple and functional. My only complaint is that the player position is not present on the card front.

One thing I do like is that the card borders are league specific, AL Players are in red while the Senior Circuit is green

1997 Topps #177 Todd Hollandsworth

Jeter’s NL rookie of the year counterpart was Todd Hollandsworth, here with the green NL Border. I am pretty sure that the league borders is a nod to the red and green books of the past.

At some point I had a couple of green books, but they appear to have escaped from the phungo museum. Unfortunately Red/Green books ceased publication in 2008.

Also noticed the change in orientation, Most 1997T are in portrait format like Hollandsworth.

Guess the Game

When possible Guess the Game is a prominent tenet of a CTB feature, and today’s Derek Jeter card is indeed traceable. However it is the guest Chris Snopek that is the key to the research.

Prior to the issuance of this card in 1997 Snopek played four games at Yankee Stadium, May 4-5 and August 6-7 1996. It appears that in only one of those games is there a play at 2nd base involving Snopek and Jeter. The play occurred in the 6th inning the game that occurred on May the 4th (Star Wars Day!). This is the front end of an inning ending 4-6-3 double play induced by Bob Wickman.

The twin killing may have quelled the Chicago rally, but in the end the White Sox won the game 11-5 .

It was Derek Jeter’s 41st career game. A double in the 6th inning was his 35th career hit. 3430 more hits would follow. Defensively the play on the card was among the 4 assists and 2 putouts recorded by Jeter.

The games big star was the White Sox Harold Baines, who collected 5 RBIs despite not entering the game until the 8th inning. His big blow was a 9th inning grand slam off of Jim Mecir.

But wait there’s more…

1997 Topps #137 Chis Snopek

Chris Snopek’s 1997T is a sort of Jeter mirror. It is also a keystone play at Yankee Stadium. Only this play features the White Sox on defense.

Quickly we can tell it is not the same game, note on this card Snopek is sleeveless while on the Jeter offering he is wearing an undershirt

The game was played on May 5th 1996, Snopek was playing career game 32. In the game he tallied his 7th career double and scored the White Sox lone run.

We also notice this image features Yankees star Bernie Williams on an attempted steal of 2nd base…

Safe or Out

This play appears to have occurred during the 7th inning of game on an attempted steal by Bernie Williams.

On the play Bernie Williams was…

SAFE!

He next went to third on a wild pitch and scored on a sacrifice fly by Joe Girardi. Nice trip around the diamond for Bernie, The Yankees went on to win the game 7-1.

Flip

1997 Topps #13 Derek Jeter

Returning to our original subject, On the card back we now see Jeter’s position prominently at the top, also kudos to Topps for making the card # large enough to be read easily.

The card back element that jumps out me most is the text. Here we are at the beginning of Jeter’s career and he is already being compared to Don Mattingly. This is an incredible legacy to approach and Amazingly not only does Jeter carry the torch of “Most Popular Yankee”, I think most folks would agree he surpassed Mattingly.

Sources and Links

Lifetime Topps Project

Sports Collectors Daily

Baseball-ref

amazon

ebay

Phungo 1996 Topps All-Star Rookie Team

Phungo Derek Jeter Index