March 4, 2009
Konami Digital Entertainment, Inc. Wins Preliminary Injunction
Against The Upper Deck Company
Ruling Bars Upper Deck and its Business Partners from Holding Themselves Out as the Authorized Distributor of the Yu-Gi-Oh! TRADING CARD GAME™
El Segundo, CA – (March 4, 2009) – In a landmark decision a federal court has ruled in favor of Konami Digital Entertainment, Inc. (KDE) in its dispute with The Upper Deck Company (Upper Deck), and Upper Deck’s former involvement as the distributor and marketing agent for Konami’s Yu-Gi-Oh! TRADING CARD GAME™ (TCG). KDE was forced to file an amended complaint in federal court in Los Angeles alleging that Upper Deck had distributed counterfeit cards from the Yu-Gi-Oh! TCG, which caused the termination of the parties’ distribution agreement.
In orders issued the afternoon of February 26, 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 on its behalf will be prohibited from using Konami’s trademarks and the copyrighted artwork, from holding itself as “an authorized distributor or rights holder” to Yu-Gi-Oh! TCG, or 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.
Distributors, retailers or hobby stores interested in setting up accounts for the Yu-Gi-Oh! TRADING CARD GAME, or conducting events or tournaments, should contact KDE customer support at 310-220-8630 or us-cardsupport@konami.com.
