US: Court finds Upper Deck guilty in Yu-Gi-Oh case

Konami has won a victory in lawsuit as Upper Deck is found guilty of distributing counterfeit product.
Author:
Publish date:
Social count:
0
4013_mypictr_300x300.jpg

United States District Judge Valerie Baker Fairbank ruled that The Upper Deck Company counterfeited cards from the Yu-Gi-Oh TCG, and is liable to Konami Digital Entertainment (KDE) for those activities.

Kazumi Kitaue, chairman of Konami Digital Entertainment commented: "We were confident the court would rule in our favour as our cause was just.

"This ruling shows Duelists, distributors and our hobby and retail partners the great lengths we will go to protect the integrity of the Yu-Gi-Oh TCG and the products that are on store shelves."

The Upper Deck Company admitted in depositions to printing and importing to the US, approximately 611,000 unauthentic Yu-Gi-Oh TCG cards, which violated trademark, copyright and unfair competition laws.

The bogus Yu-Gi-Oh TCG cards were printed in China during 2007 and imported to the US without KDE's knowledge or authorisation.

The lawsuit also revealed that employees of Upper Deck, including its chairman, Richard McWilliam, participated in a meeting in 2008 in McWilliam's office, where they discussed that the cards made without authorisation did not look authentic enough, and McWilliam then shredded samples of the cards.

Additionally, the court threw out Upper Deck's countersuit accusing KDE of breaching the parties' distribution agreement and slandering Upper Deck, ruling that there was no real evidence to support the claims.

Trial on Konami's claims for damages is set to begin on January 26th, 2010, where a jury will consider whether damages are to be awarded to Konami based on the counterfeiting activities, and if so, in what amount.

Konami's lawyer Benjamin Fox, a partner at Morrison & Foerster added: "Konami is a good company and it was victimised here. The court's orders recognise that. We are very pleased with the decisions so far in this case."

Related

Featured Jobs

Vivid Job Logo 620 x 349

Digital Marketing Executive - Toys & Games

Vivid is Britain’s biggest toy company and the 20 largest in the world. With offices across the globe, they sell an amazing portfolio of toys and games to over 60 countries. Vivid is best known for its association with blockbuster brands and is very excited about future opportunities around the world.

Liberty

UK Sales Agents

Liberty House Toys have been appointed as the exclusive UK distributor for the BiOBUDDi brand, and we are pleased to introduce this new unique, innovative and exciting range of 100% environmentally-friendly toy building blocks. We are seeking experienced sales agents with existing network in the toy retail market.

Gameplan Job Logo 620 x 349

Head of Product Development & Marketing

Our client is a privately owned French toy and games manufacturer which sells through distributors in forty countries. The company develops and sells innovative electronic interactive toys and games for the educational and gaming markets, and also takes suitable licenses. To progress its successful business development a Head of Product Development & Marketing is to to recruited.

HIT Entertainment Job Logo 620 x 349

Licensing Systems Administrator

The Contract System Coordinator is a newly created role to support the deal term entry process into Mattel’s new Contract Management System for its Licensing business. The role will support the Business Teams at the Deal & Amendment phase of the contracting process and act in conjunction with the System Administration team.