A fun new #TheHobby case to watch, especially for all y'all that vault your cards.
It's Dave & Adam's v. Warehouse Services and Wheatfield Business Park II, and is about water damage to a large number cases while stored at the defendants' warehouse.
The action is simply "Our shit was in your warehouse and because your warehouse's ceiling leaked, it ruined our shit, so one of y'all better pay for it."
(Slightly paraphrasing)
Looks like the total alleged damages are $54,600 due to damage to 42 cases of cards.
And if you want to see what the damage looked like...
And while I didn't recognize the product that's damaged, eagle-eyed @35auburn ID'd it as Upper Deck 2019 Series 1 Hockey.
If that's true, looks like there may be less of those cards available...or...there may be some "musky smelling" cards on the market.
A quick search of the eBayz confirms there are NO "musky smelling" 2019 UD Hockey cards on the market...so that's good.
It appears D&A brought this lawsuit because the building manager and building owner kept passing the buck back and forth as to who was allegedly responsible, so D&A said "FUCK IT, SUE EVERYBODY AND LET THE JUDGE SORT IT OUT."
(Paraphrasing slightly)
And that's really it!
While this isn't a case directly on point with vaults, it will touch on where responsibility lies for parties that hold your product.
Spoiler: It'll boil down to a boring ol' review of contracts between everyone.
And yes, the smell is described as "musky" not "musty."
SO...begs the question, would you rather have a card that smells musky? Or musty?
YOU MUST CHOOSE ONE
IMAGINE I HAVE LIGHTROOM SKILLS AND ADJUSTED THE RED TO YELLOW THEN THIS IS ACTUALLY FUNNY
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Silly personal announcement - during the COVID lockdown, I got to spend a lot more time with my family than practicing law normally allows. That time was great for our family, especially with our high-school-aged boys...who for some reason still like my wife and me. So...
...given it's getting close to the time when our boys are going to fly the coop, we've decided that I'm going to take some time away from practicing law to enjoy the family before everything changes.
I'll still be online tweeting on cases, but I'm really looking forward to some time off...and not checking my phone every five minutes for updates on cases.
And what do we have here? OUR FIRST #THEHOBBY LAWSUIT OF 2023?!?!?
We did it! Just four days in (it was filed yesterday) and we're already basking in trading card litigation!
The lawsuit is captioned Drob Collectibles & Ronaldinho v. Leaf, and at first impression it appears to be the flipside of the Leaf v. Ronaldinho filed in December of last year.
BUT, there's a little bit more here.
So...who wants to do a live read of this bad boy?
But before we get into the new Ronaldinho/Leaf lawsuit, if you'd like a refresher on the month-old Leaf/Ronaldinho lawsuit, here ya go:
In #TheHobby trademark news, Topps filed two oppositions against Surujnarine Femy Singh's two TOPPSHOT trademark applications...applications that cover, basically, athletic wear.
As you can imagine, Topps owns a couple trademark registrations on TOPPS like properties...quite a few for athletic wear as well. And Topps relies on all of them against the TOPPSHOT marks.
Topps also shows that it uses its TOPPS marks on apparel...and I think I need both of these shirts.
To do this correctly, I need to tell the whole story. SO...those who have already followed my tweets on Upper Deck v. Flores (or what will forever be known as "The case where someone filed a pic of their ass in federal court"), bear with me a second.
Or is it bare? Bare ass?
And don't say I didn't warn you.
THIS WILL HAUNT YOU.
So stop reading if you want to keep your sanity.
For the rest of the depraved, go right ahead. Keep reading.
OK, enough theatrics.
This case started innocently enough. It's a lawsuit Upper Deck brought against an alleged seller of a counterfeit UD card named Flores.
If you want a summary of what the case is about, here you go: