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Paul Lesko Profile picture
Paul Lesko
@Paul_Lesko
Plaintiffs' litigator. Tweets about #TheHobby lawsuits. Author of Gastric Bypass. Collects cards with legal issues. Tweets are not legal advice. Hot chocolate.
Feb 27 • 19 tweets • 6 min read
It's the case everyone's been talking about today: the legal battle over the Wembanyama jersey that Wemby gave to an adorable kid...which then ended up at Goldin Auctions...and sold for $73K...which now the father is trying blow up.

Let's look at the court filings! Well, the case is captioned Frankie Desideri, Sr. (individually and on behalf of his son) v. Goldin Auctions...and yes...it's handwritten...which means the plaintiff here is proceeding without an attorney...which rarely (if ever) works out. Image
Oct 15, 2024 • 16 tweets • 5 min read
In Vargas v. Panini--which no one remembers is about alleged employment discrimination BUT everyone now knows as the case where Vargas's attorneys were sanctioned for allegedly filing an AI prepared brief--two of the sanctioned attorneys filed a "motion for reconsideration." Image Now, before I get into the meat of this filing, motions for reconsideration are annoying and mostly always fail.

Was in court once when a judge took up such a motion and scolded the filers, asking, "Is this a motion to overrule myself?"
Feb 4, 2024 • 25 tweets • 9 min read
What? What?? WHAT??!?! You want a Sunday live read of a new CGC lawsuit?

Which also has a request for a temporary restraining order/preliminary injunction as well?!?!?

SURE WHY NOT
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Image This has been a busy week for CGC who also sued two of its former employees last week (AND also sought a TRO/PI).

If you want a reminder on that one before we get into the new stuff, here ya go:

Feb 1, 2024 • 30 tweets • 10 min read
New #TheHobby-ish lawsuit!

It's CGC v. Brandon and Ayana Terrazas, and let's do a live read of it!

BUT, you hafta cut me a little slack. We have a sick/coughing household that kept me up all night...so kinda sleepwalking a bit here.

Still, with that, let's go! Image The case starts out with a bang as it's a lawsuit "brought against two employees who abused their roles and privileges at CGC."

And how'd they abuse their roles? Well...[cont]... Image
Jan 5, 2024 • 12 tweets • 4 min read
Patent cases are hard.

Some clients can be hard to control.

And what happens when those two intersect? Well, you get a letter written to the judge from the client that he admits will "blindside" his attorney...has a section entitled "Rant"...and tells the judge "Shame on you."

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Image I've filed dozens of patent infringement cases, but because patent cases are so difficult nowadays (and patents are worth so little), it's been close to 10 years since I filed any.

They're generally not viable cases any more.
Aug 4, 2023 • 57 tweets • 17 min read
So...while I was gone, did anything happen today?

OH SHIT THAT'S RIGHT, Panini sued Fanatics for antitrust!

Now this is going to be fun one.

Who wants to do a live read of this bad boy? Image Before we get into it, YES, I've done antitrust cases...from the defense and plaintiffs' side actually...and the biggest take home is: antitrust cases are EXPENSIVE.

The amount it costs to defend these (because of the voluminous discovery to be produced plus experts) is A LOT.
May 18, 2023 • 11 tweets • 4 min read
We have an update in Panini v. Fanatics and Bunch of Panini's Former Employees!

Remember how this morning I said Panini moved to quash the deposition of its CEO Mark Warsop? And I said it was a boring motion?

Well, Fanatics responded, and it's response is NOT boring. Image Before we jump into it, here's a refresher on Panini's motion.

May 17, 2023 • 17 tweets • 4 min read
We have an update in the Panini v. Fanatics and a Bunch of Panini Employees case!

BUT.

The court's docket is down, so we can't download the docs...yet.

Sigh. Image Anyway, all the defendants answered Panini's complaint (and just denied everything) but, more excitingly, there's a motion by Panini to quash the deposition of Mark Warsop, the CEO of Panini America.

The basis? Well, once the court fixes its website, we'll find out!
May 16, 2023 • 22 tweets • 6 min read
In Alt v. BGS (the case over an altered-but-graded Curry rookie card) we have what hopefully is the FINAL briefing in BGS's attempt to dismiss the case.

Hopefully after this everything is ready for the court to rule on the FUCK THEM KIDS defense.

First, let's see what BGS says. Image But before we dive in, if you'd like a reminder on where we are, here ya go:

May 16, 2023 • 5 tweets • 2 min read
Image When you watch @SportsCardRadio Image
May 12, 2023 • 19 tweets • 7 min read
We have two updates on the BangBros litigation!

First up...the case against BangBros has been dismissed...I know, I know...don't cry. BUT, BangBros was the wrong party.

Second up - WE HAVE A NEW LAWSUIT AS PANINI SUED RYAN J. CARTER AS THE ALLEGED INDIVIDUAL BEHIND THE CARDS ImageImage Should we do a live read of the new complaint?

SURE!
May 11, 2023 • 4 tweets • 1 min read
So. Um. Yeah.

A not so busy week in #TheHobby litigation. Image Yup. Just like the waiting. Image
May 11, 2023 • 10 tweets • 5 min read
Quick update in Panini's fight to try and get a TM registration for CERTIFIED!

As you will recall, I said this was a dumb trademark filing...and the Trademark Office (so far) thinks so too as it's been rejected, and Panini is now on appeal.

Well...

...in its appeal brief Panini argues that it should get a CERTIFIED reg. because #TheHobby uses "certified" to mean a certification process has been gone through...whereas Panini's CERTIFIED cards "do not undergo a certification process before they are purchased by the consumer." Image
Mar 2, 2023 • 22 tweets • 10 min read
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:

Feb 28, 2023 • 5 tweets • 3 min read
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? If it helps, the mark is owned by Insight 2 Design and basically covers batteries, flashlights, backpacks, furniture, drinkware, hammocks, towels and clothes.
Feb 28, 2023 • 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
Jan 5, 2023 • 5 tweets • 1 min read
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.
Jan 5, 2023 • 27 tweets • 10 min read
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
Jan 4, 2023 • 11 tweets • 4 min read
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.
Oct 14, 2021 • 5 tweets • 3 min read
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
Oct 13, 2021 • 13 tweets • 4 min read
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.