Paul Lesko Profile picture
Feb 28 4 tweets 3 min read
In #TheHobby trademark news, three of Topps' trademark applications were abandoned by the Trademark Office. The abandoned marks are TURN BACK THE CLOCK, PRO DEBUT and ROAD TO KICKOFF. ImageImageImage
Why did these marks become abandoned? Well, because it appears Topps did not respond to the Trademark Office within the required time period. ImageImageImage
So, was this on purpose by Topps? Or a mistake?

I'm leaning on the side of mistake because Topps released TURN BACK THE CLOCK and PRO DEBUT products in 2022...unless it plans on dropping these product lines.
If Topps wants to bring these applications back to life, it can...it's just a little bit of a hassle.

So, I guess we'll wait and see if Topps brings all/some of these guys back to life!

OR if more Topps' TM apps will become abandoned in the near future. Image

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More from @Paul_Lesko

Mar 2
The legal battle over the Lebron RPA card that began as a defamation case against Card Porn has expanded! A new lawsuit was filed by the Spiegels (the owners of the card), this time against Goldin Auctions and Ken Goldin. Image
But before we get into the new Spiegel v. Goldin lawsuit, if you'd like a reminder about the Card Porn suit, here ya go:

As you may recall, the original lawsuit was based on Card Porn's alleged disparagement of the Lebron RPA card. At that time, the card was up for auction at Goldin, BUT, due to Card Porn's comments, the auction was allegedly stopped.

And that's the general basis of this lawsuit.
Read 22 tweets
Feb 28
In #TheHobby trademark news...um...I'm going to need some help here.

Topps filed notice that it MIGHT file an opposition against the below trademark.

Anyone have an idea as to which of Topps' marks it thinks this might be too close to? Image
If it helps, the mark is owned by Insight 2 Design and basically covers batteries, flashlights, backpacks, furniture, drinkware, hammocks, towels and clothes. Image
At this time, Topps does not have to identify the mark(s) it is concerned about; it only needs to do that once/if an opposition is filed. And if that happens, it'll be March 25, 2023.

So...good luck figuring this one out! Image
Read 5 tweets
Jan 5
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.
Read 5 tweets
Jan 5
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? Image
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:

Read 27 tweets
Jan 4
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...
Read 11 tweets
Oct 14, 2021
In #TheHobby trademark news, Topps filed two oppositions against Surujnarine Femy Singh's two TOPPSHOT trademark applications...applications that cover, basically, athletic wear. ImageImage
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. ImageImageImageImage
Topps also shows that it uses its TOPPS marks on apparel...and I think I need both of these shirts. Image
Read 5 tweets

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