Konami Digital Entertainment B.V. Prevails in Appeal Proceedings against Upper Deck International
Court of Appeal Rejects Upper Deck International's Claims Relating to the Yu-Gi-Oh! TRADING CARD GAME™
El Segundo, CA (April 15, 2009) – The Amsterdam Court of Appeal ruled in favor of Konami Digital Entertainment B.V. (KDE) in appeal proceedings against Upper Deck International (UDI). UDI had requested a preliminary injunction to compel KDE to accept UDI as its exclusive distributor for Europe, Oceania and Latin America. On April 7, 2009, the Court of Appeal rejected all of UDI's claims. Having reviewed the evidence presented in summary proceedings, a panel of three professional appeal judges issued a decision holding that UDI had failed to show that the 12 December 2008 termination of the distribution relationship regarding the Yu-Gi-Oh! TRADING CARD GAME™ (TCG) in Europe and Latin America, had been unlawful. The decision confirms that there is significant evidence that links the Upper Deck Company to the distribution of counterfeit Yu-Gi-Oh! TCG in North America. In this respect, the Court of Appeal's decision echoes an earlier ruling by the District Court for the Central District of California, United States.
“This is a terrific victory for the legions of Yu-Gi-Oh! TCG Duelists worldwide,” noted Kunio Neo, President of Konami Digital Entertainment B.V. “Managing all aspects of the Yu-Gi-Oh! TCG business directly not just in Asia and North America, but globally, will allow Konami Digital Entertainment to strengthen and protect the integrity of the brand throughout the world.”
Under the terms of the court’s preliminary ruling, the distribution agreement between KDE and UDI was rightfully terminated as of 12 December 2008. This means that, with immediate and retroactive effect, UDI is no longer the authorized distributor of Yu-Gi-Oh! TCG for all of Europe, Oceania and Latin American territories.
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From Konami Press Release
For previous news about this case please refer to this Legal Times: Old and New, Upper Deck Konami and YuGiOh
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