Upper Deck Forced to Settle with Konami Digital Entertainment, Inc.

UPPER DECK FORCED TO SETTLE WITH KONAMI DIGITAL ENTERTAINMENT, INC. AFTER ADMITTING TO
COUNTERFEITING HUNDREDS OF THOUSANDS OF
Yu-Gi-Oh! TRADING CARD GAME CARDS
The Upper Deck Company permanently barred from acting as an authorized distributor of the Yu-Gi-Oh! TRADING CARD GAME

El Segundo, CA – (February 3, 2010) – Konami Digital Entertainment, Inc. (KDE) is pleased to announce that it has resolved its litigation against The Upper Deck Company (Upper Deck), KDE’s former distributor of its immensely popular Yu-Gi-Oh! TRADING CARD GAME (TCG). The lawsuit was settled to Konami’s satisfaction following opening statements during the trial in Federal Court in Los Angeles on January 26, 2010.

Konami Digital Entertainment, Inc Prevails in Lawsuit Against Upper Deck

KONAMI DIGITAL ENTERTAINMENT, INC PREVAILS IN LAWSUIT AGAINST THE UPPER DECK COMPANY – TRIAL TO DETERMINE DAMAGES TO START IN LATE JANUARY

El Segundo, CA – (January 13, 2010) – Konami Digital Entertainment, Inc. (KDE) won a significant victory in its lawsuit against The Upper Deck Company, its one-time distributor of the immensely popular Yu-Gi-Oh! TRADING CARD GAME (TCG). United States District Judge Valerie Baker Fairbank ruled that The Upper Deck Company counterfeited hundreds of thousands of cards from the Yu-Gi-Oh! TCG, and is liable to KDE for those activities.

Konami Digital Entertainment B.V. Prevails in Appeal Proceedings against Upper Deck International

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

Konami Digital Entertainment, Inc. Wins Preliminary Injunction Against The Upper Deck Company

Ruling Bars Upper Deck and its Agents from Holding Themselves Out as the Authorized Distributor of the Yu-Gi-Oh! TRADING CARD GAME™

El Segundo, CA – (March 2, 2009) – In December 2008, Konami Digital Entertainment, Inc. (KDE) was forced to notify its distributor, The Upper Deck Company (Upper Deck), that the parties’ agreement for distribution and marketing of Konami’s Yu-Gi-Oh! TRADING CARD GAME™ (TCG) had terminated. At that time, KDE filed an amended complaint in federal court in Los Angeles, alleging that Upper Deck had distributed counterfeit cards from the Yu-Gi-Oh! TCG. Upper Deck refused to accept the termination of the parties’ agreement, and issued a press release stating that it was maintaining “business as usual” and “fulfilling orders” for Yu-Gi-Oh! TCG products.

In orders issued the afternoon of February 27, the federal court granted KDE’s motion for a preliminary injunction against Upper Deck, prohibiting Upper Deck from using Konami’s trademarks and from claiming that Upper Deck is an authorized distributor of Yu-Gi-Oh! TCG. The Court found that KDE made a “clear showing” that it is likely to prevail on its claims that Upper Deck, while acting as the authorized distributor of Yu-Gi-Oh! TCG, distributed counterfeit Yu-Gi-Oh! TCG cards.

The ruling re-affirms that KDE is the sole authorized distributor for Yu-Gi-Oh! TCG in North America, and represents a significant victory for Konami, its partners, and the public.

“This is a great victory for Duelists, distributors and our hobby and retail partners and protects the integrity of the Yu-Gi-Oh! TRADING CARD GAME for future generations,” commented Kazumi Kitaue, Chairman and CEO of Konami Digital Entertainment, Inc.

Under the terms of the Court’s ruling, Upper Deck and all persons acting in concert with Upper Deck will be prohibited from using Konami’s trademarks and the copyrighted artwork from Yu-Gi-Oh! TCG, from holding itself out as “an authorized distributor or rights holder to the Yu-Gi-Oh! TCG,” from “referring to the Yu-Gi-Oh! TCG as one of Upper Deck’s brands,” and from distributing unsold Yu-Gi-Oh! TCG products obtained from Konami during the term of the parties’ distribution agreement.

KDE is very excited about the future of Yu-Gi-Oh! TCG and remains fully committed to marketing and promoting Yu-Gi-Oh! TCG, and to developing innovative Yu-Gi-Oh! TCG products for Duelists to enjoy.

~~~

From Konami Press Release

For previous news about this case please refer to this Legal Times: Old and New, Upper Deck Konami and YuGiOh

Legal Times: Old and New, Upper Deck Konami and YuGiOh

Introduction to Legal Times: Old and New

I guess the best way to summarize what is going on so far is that Konami said they will have complete take over of the YuGiOh Trading Card Game. Upper Deck is the distributor and is not happy with that announcement from Konami. It is an on going situation so most likely more news to come.

Open Letter from Upper Deck International

Konami Takes over 'YGO TCG' Upper Deck Files Suit ICv2 Published: 12/12/2008 12:00am

YGO OP ‘In a Transitional Period’ To Resume in New YearICv2 Published: 12/15/2008 12:00am

Upper Deck Plans to Continue YGO OP Including WebsiteICv2 Published: 12/18/2008 12:00am

Upper Deck/Konami Feud Spreads to Europe U.D. Files for Injunctions ICv2 Published: 12/23/2008 08:29pm

Updated on 12/29/08 with another article

Dutch Court Sides With Upper Deck
Overrules 'Yu-Gi-Oh!' Termination ICv2 Published: 12/25/2008, Last Updated: 12/29/2008 02:32am

Updated on 12/30/08 with other articles

Upper Deck Gets Favorable U.S. Ruling Konami Injunction Denied Published: 12/30/2008 12:00am

Updated on 01/15/09 with other articles

Konami Press Release December 11, 2008

Konami Open Letter to Yu‐Gi‐Oh! TRADING CARD GAME Duelists December 15, 2008

No 'Yu-Gi-Oh! Champion Packs' Konami Won't Fill OrdersICv2 Published: 01/14/2009, Last Updated: 01/13/2009 09:59pm

Konami Responds on 'YGO TCG' 'We Are the Only Distributor'ICv2 Published: 01/14/2009, Last Updated: 01/15/2009 02:17am

Updated on 01/22/09 with other articles

Konami to Release 'Yu-Gi-Oh! Crimson Crisis' Sneak Peaks at Hobby Stores ICv2 Published: 01/21/2009, Last Updated: 01/22/2009 04:22am

Updated on 03/02/09 with other articles

Konami Digital Entertainment, Inc. Wins Preliminary Injunction Against The Upper Deck Company

Updated on 04/15/09 with other articles

Konami Digital Entertainment B.V. Prevails in Appeal Proceedings against Upper Deck International

Updated on 01/13/10 with other articles

Konami Digital Entertainment, Inc Prevails in Lawsuit Against Upper Deck

Updated on 02/3/10 with other articles

Upper Deck Forced to Settle with Konami Digital Entertainment, Inc.