Code Section

Business and Professions Code - BPC

DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22948.25]

  ( Division 8 added by Stats. 1941, Ch. 44. )
  

CHAPTER 9. Secondhand Goods [21500 - 21672]

  ( Chapter 9 added by Stats. 1941, Ch. 50. )
  

ARTICLE 7. Sports Trading Cards [21670 - 21672]
  ( Article 7 added by Stats. 1992, Ch. 1120, Sec. 2. )

  
21670.  

For purposes of this article, the following definitions apply:

(a) “Altered or refurbished” means repair work which has been performed to enhance the value of the sports trading card as a collectible. This work includes, but is not limited to, filling in holes, building new corners, ironing out creases, or touching up the pictures or borders on the sports trading card.

(b) “Legitimate sports trading card” means any card produced for use in commerce, that contains a company name or team logo, or both, and an image, representation, or facsimile of one or more players or other team member or members in any pose, and is produced pursuant to an appropriate licensing agreement.

(c) “Counterfeit sports trading card” means any card, produced for use in commerce, without appropriate licensing authority, which is a forgery, copy, or imitation of a legitimate sports trading card, produced without authority or right, and with the intention of passing the card for that which is original or genuine.

(d) “Unlicensed sports trading card” means any card that is produced for use in commerce, without proper licensing authority. This definition specifically excludes cards which are bound in publications.

(e) “Appropriate licensing authority” means express, written permission to manufacture, produce, distribute, and sell the sports trading card, as granted by the valid owner or owners of the licensing rights of any image, work, term, name, symbol, logo, or insignia that appears on the sports trading card.

(Added by Stats. 1992, Ch. 1120, Sec. 2. Effective January 1, 1993.)