Upper Deck’s Legal Battle With Konami Heats Up

After a year of relatively under the radar litigation, The Upper Deck Company's case against Konami Entertainment appears headed for a disastrous outcome.  Konami Entertainment has accused Upper Deck of copyright infringement, breach of contract and trademark counterfeiting, saying that Upper Deck illegally reproduced more than 600,000 Yu-Gi-Oh! cards.

Upper Deck could face hundreds of millions of dollars in damages from the suit. The judge in the case will rule on the damages awarded to Konami on Jan. 26.

Upper Deck became a distributor for Konami in 2002, but allegedly began making and selling fake cards outside of the deal.

Ben Fox, Konami's lawyer at Morrison and Foerster, confirmed suspicions that his client was prepared to go for the jugular, asking for several hundreds of millions of dollars in damages.

More details on the story can be found in this article published by the New York Daily Post.

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Mike Smeth is the CEO and Founder of The Cardboard Connection. After collecting baseball cards as a child, he took a 12-year hiatus from the hobby. One muggy summer day in 2006 he unexpectedly came across his childhood card collection while packing up for a move. He began sorting through them so he could sell them on Craigslist. Somewhere between the 3rd and 4th box, he rediscovered his passion for collecting and hasn't looked back since. You can find Mike on Google+ and Twitter @mikesmethcc.

User Comments

  1. How can you say “headed for a disastrous outcome” I mean really these guys have admitted guilt and lied on countless occasions. Please tell me what exactly the disaster is.

  2. Jason, I see where you are coming from. I am talking about Upper Deck as company, rather then the individuals at Upper Deck who stand accused of these actions. However, if Upper Deck folds that will flat out be a bad thing for the hobby. We need competition in the marketplace and it breeds innovation and helps ensure that we, as collectors, have the power to dictate the direction of the market.

    The individuals responsible for this deserve what’s coming to them. However, there are also lots of good and honest folks who work at Upper Deck who had no knowledge of this. I just hate to see the baby thrown out with the bath water, as none of us will be better off for it.

  3. Mike, I totally agree with you. Avid and passionate collectors want Upper Deck around. They bring top quality products to the market and offer variety. I support Upper Deck and I think they truly wanted Yu-Gi-Oh! to thrive. They had a large part in why the brand is as big as it is today.

  4. I cant imagine the trading card industry without Upper Deck! They define the industry. Before people start pointing fingers and putting the company down, people need the real facts. I have read reports that the CEO plead the fifth during his testimony regarding the YGO cards. This was in fact Not True! After partnering with Konami for over 5 years, knowing how successful the YGO product was and how much both sides benefitted from it, I do not see Upper Deck doing something like this. Why would they? YanksMVP, I’m right there with you. I too have always and will always support Upper Deck. I have a collection full of their products and it would not be complete without them.

  5. Guys you may love Upper Deck but the facts are facts, the head of Upper Deck has admitted his involvement in counterfeiting these cards, and this is not the first problem with Upper Deck only the most publicised. Some of you are really talking a lot of trash, all of the court documents are available on-line so you can see exactly what has gone on. Are there good people at Upper Deck? Yes I am 100% sure of that, but at the top of the company it is corrupt. I am not going to sit and tell you guys to read my stuff but I do have the court facts on my site, and they are taken from the real documents which are also linked to. Read them and see what you think when you have all the facts.

    I cant see Upper Deck making it if the market is going to have any shread of legitimacy. Unless McWilliam leaves, and obviously that will never happen. I guess we will have to wait and see on the 26th. If Upper Deck as a brand can be sold to someone who will run it honestly I would love to see them in the marketplace, but they have to change and I don’t think they will.

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