MLB Players Union Willing To Consider HGH Testing

Michael Weiner, head of the Major League Baseball Players Association, said that the union is willing to consider player blood testing for the banned substance human growth hormone (HGH), if a scientifically reliable test is available.

The comments came in response to news this week that a British rugby player had tested positive for HGH and accepted a two-year ban without contesting the HGH blood test results

In making the statement, the MLBPA may be betting on the fact that scientifically validating a blood test for HGH will not come soon. In fact, the scientific community associated with the HGH testing are split on the belief that HGH drug testing will be scientifically validated.

"People associated with that test believe it's scientifically valid; other scientists in the testing community dispute that," Weiner said after visiting the Angels at their spring-training facility in Tempe, Ariz.

"The fact that there has been a positive [result] that an athlete has chosen not to challenge is a factor that raises the profile" of possible HGH testing in baseball, he said. "But that doesn't make it scientifically valid."

Weiner said the rugby case "does mean that it's time for everybody -- us, the [MLB] commissioner's office -- to assess the science behind it. But the short answer is, I don't equate a single, unchallenged positive with scientific validity, and I don't think anybody would."

If a test is found by the MLBPA and MLB to be valid, it could become part of the MLB joint drug program before the two sides reach their next labor contracts.

I would expect that over the course of this year we’ll be discussing this and if improvements are called for, if changes are called for, we’ll make them; it doesn’t have to wait" for a new collective-bargaining agreement, Weiner said.

Based on the recent fallout regarding steroids in major league baseball, the Players union is making sure to say all the right things about possible HGH testing in major league baseball. But will the union change it's tune and resist HGH testing for its players if a scientifically valid blood test for HGH is found?

We'll just have to wait and see.

Are The Phillies NL Favorites in 2010?

Are the Phillies the outright favorite to win the 2010 National League Championship? In 2009, the Philadelphia Phillies made their second consecutive World Series appearance but fell short in winning back to back World championships - losing to the New York Yankees in six games. Some in the Phillies front office felt they were one good starting pitcher away from repeating as World Champions.

Well, the Phillies front office decided to make a MLB update and acquired a MLB top-5 starting pitcher. The Phillies acquired Roy Halladay from the Toronto Blue Jays for three minor leaguers during the off-season - a great move.

The Phillies are in great shape for 2010. The power in their lineup is back.  Ryan Howard, Chase Utley, Raul Ibanez, Jimmie Rollins and Jayson Werth will again make up one of the most powerful hitting offenses in all of baseball.

But does the signing of Roy Halladay put them over the top?

In the off-season the Phillies traded away LHP Cliff Lee to the Seatlles Mariners. The Phillies obtained Cliff Lee for the playoff run in 2009. Lee went 4.0 with a .156 ERA. With the trade, the Phillies lose an invaluable commodity - an effective left-handed starting pitcher. They also lose his playoff experience and composure.  Halladay has never pitched in the playoffs.

But the addition of Halladay gives the Phillies a sure 20 game winner and a proven 200+ inning guy. Halladay will be the second best pitcher in the National League, behind San Francisco Giants Time Lincecum. The addition of Halladay makes the rotation better and adds a guy who can give some pointers to the younger throwers, specifically sophomore starting pither J.A. Happ.

Halladay will be followed by Cole Hammels, Joe Blanton and J.A. Happ. The final spot in the starting rotation between old man Jamie Moyer and Kyle Kendrick will be decided in spring training.

All-in-all, the Phillies will still be the favorite in 2010 to 3-pete as National League champions. The hitting and defense are proven but the question is will their starting lineup be enough to beat the likes of the reigning MLB World Champions, the New York Yankees.

We'll just have to wait until autumn. Maybe the "Halladay season" will start early in Philadelphia!

Major League Baseball Sues Upper Deck

Major League Baseball is suing Upper Deck for millions of dollars in damages plus a punitive award in the US District Court in New York,. The allegation is trademark infringement. MLB licenses and very strongly protects its various team trademarks. Baseball claims Upper Deck is using those trademarks despite the fact it does not have the rights to do it as licensed by MLB, nor has it been given permission to proceed with MLB licensed trading cards.

"Upper Deck's current conduct is reflective of a pattern of utter disrespect for the contractual and intellectual property rights of those from whom it licenses valuable trademarks," the complaint said.

So far a spokesman for Upper Deck has no comment.

Upper Deck and Major League Baseball agreed on a trading card license back in 1989. The relationship was great and Upper Deck was credited with pushing kids trading cards into a new realm of real life collectibles. The baseball card collectible industry reached over $2 billion in retail sales in the early 1990's. Problems began surfacing in the latter part of the decade and now MLB now says UD still owes it $2.4 million in back royalties. Last year MLB and the Players Union began not renewing licenses due to the vast over production which led the category down a path of near non-existence. Topps is once again the only trading card maker of licensed baseball cards.

This does not preclude UD or any other card maker from making baseball cards. They can still use players who sign individual deals, they can still use names of cities on their products and they can still use retired players who sign contracts with them. What they cannot do is to use team names, logos or other likenesses. There are also specific rules regarding the use of some players and how many current players if they are used at all. Players are handled through a separate license from MLBPA.

It is the logos and trademarks which are in question here for the most part when it comes to this lawsuit. The NFL, NBA and NHL as well as other leagues have similar restrictions. This week the NFL, which owns the rights to the New Orleans Saints' familiar slogan "Who Dat" is using its muscle to try to halt the sale of knock off tee shirts and other items at the Super Bowl which carry the "Who Dat" statement. The NBA for years has raided swap meets and flea markets confiscating and shutting down dealers who print shirts and caps with their official logos as well.

One of the aspects in question is Upper Deck recently released both the high end Ultimate Collection and Signature Stars Baseball products. MLB says UD released these 2010 products (they were released in 2010) but on the packaging UD states these are 2009 products.

"They did put a disclaimer on the box saying the product is not affiliated with Major League Baseball," said Dave Rodriguez of Sports Source, a baseball card shop in Burbank, CA. "It is confusing to the collector certainly and the product was solicited during 2009."

Several distributors have also halted distribution of UD trading cards which are under question with the law suit. Usually card makers solicit their products four to six months in advance of release. Upper Deck did have a license in 2009. Whether this will be part of UD's defense or not will remain to be seen. Upper Deck had been the leader in distributing trading cards world wide including World Cup Soccer beginning in 1993. It even printed basketball in foreign languages for Asia and Europe.

Upper Deck was one of the first companies to take the printing of cards with retired players to another level. Pacific, Topps and Fleer had previously printed cards with retired players as far back as 1960. Upper Deck with it's SP Legendary Cuts Series however actually put autographs and pieces of jerseys the players wore in the cards. For the most part teams have two jerseys they wear. The home jersey and the away jersey each normally feature either the name of the team the front or the name of the city. If a company uses the name of the team a license is required and royalties paid but if the city only is used in most cases it is a freebie.

In a previous Examiner article we correctly identified the fact five UD employees pleaded the Fifth Amendment against self incrimination in the Konami case, however CEO Richard McWilliam was not one of them which was incorrectly stated. In the story UD settled out of court with Konami after admitting it counterfeited over 600,000 YGO trading cards.



source: examiner.com