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.
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.
About The Yu-Gi-Oh! TCG
The Yu-Gi-Oh! TRADING CARD GAME is the #1 trading card game in the world with over 18 billion cards sold. It is a game of strategy, where players create individual decks of cards collected from Structure Decks and Booster Packs. Two players engage in a duel while using cards that represent powerful Monsters, magical Spells and surprising Traps. Duelists with well-constructed decks, dominating monsters, solid strategy and good fortune are the victors in the Yu-Gi-Oh! TCG. Konami Digital Entertainment, Inc. is the exclusive licensee and rights holder to the Yu-Gi-Oh! TCG in North America.
About Konami
Konami is a leading developer, publisher and manufacturer of electronic entertainment properties and traditional trading card games. Konami's software titles include the popular franchises Metal Gear Solid®, Silent Hill®, Dance Dance Revolution® and Castlevania®, among other top sellers. Konami is also the manufacturer of the wildly popular Yu-Gi-Oh! TRADING CARD GAME, which has sold more than 18 billion cards worldwide. The latest information about Konami can be found on the Web at www.Konami.com. Konami Corporation is a publicly traded company based in Tokyo, Japan with subsidiary offices, Konami Digital Entertainment Co., Ltd. in Tokyo, Japan, Konami Digital Entertainment, Inc. in the United States and Konami Digital Entertainment GmbH in Frankfurt, Germany. Konami Corporation is traded in the United States on the New York Stock Exchange under the ticker symbol KNM. Details of the products published by Konami can be found at www.Konami.com.
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.
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.
About The Yu-Gi-Oh! TCG
The Yu-Gi-Oh! TRADING CARD GAME is the #1 trading card game in the world with over 18 billion cards sold. It is a game of strategy, where players create individual decks of cards collected from Structure Decks and Booster Packs. Two players engage in a duel while using cards that represent powerful Monsters, magical Spells and surprising Traps. Duelists with well-constructed decks, dominating monsters, solid strategy and good fortune are the victors in the Yu-Gi-Oh! TCG. Konami Digital Entertainment, Inc. is the exclusive licensee and rights holder to the Yu-Gi-Oh! TCG in North America.
About Konami
Konami is a leading developer, publisher and manufacturer of electronic entertainment properties and traditional trading card games. Konami's software titles include the popular franchises Metal Gear Solid®, Silent Hill®, Dance Dance Revolution® and Castlevania®, among other top sellers. Konami is also the manufacturer of the wildly popular Yu-Gi-Oh! TRADING CARD GAME, which has sold more than 18 billion cards worldwide. The latest information about Konami can be found on the Web at www.Konami.com. Konami Corporation is a publicly traded company based in Tokyo, Japan with subsidiary offices, Konami Digital Entertainment Co., Ltd. in Tokyo, Japan, Konami Digital Entertainment, Inc. in the United States and Konami Digital Entertainment GmbH in Frankfurt, Germany. Konami Corporation is traded in the United States on the New York Stock Exchange under the ticker symbol KNM. Details of the products published by Konami can be found at www.Konami.com.
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