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Update: Upper Deck-Konami case settled before 2nd day of trial

The trial to decide the extent of damages suffered by Konami after Upper Deck produced unauthorized Yu-Gi-Oh! trading cards ended before its second day began in a U.S. District Court on Wednesday in Los Angeles as the companies have reached a settlement in the long-running case.

According to court documents obtained by Beckett Media on Wednesday, Upper Deck and Konami “reached a final, binding settlement” with the terms including that a proposed stipulated permanent injunction be filed by Thursday and a final filing be completed by 4 p.m. Friday. As long as all payments agreed to by Upper Deck are made, then a subsequent court appearance set for July 26 will not be necessary.

“Details are still being worked out [regarding the settlement],” said a spokesperson representing one of the companies late Tuesday evening.

The case was to be heard by U.S. District Judge Valerie Baker Fairbank and was estimated to last a week as Konami sought “hundreds of millions of dollars in damages” after Upper Deck was found to have produced more than 600,000 unauthorized cards.

A message to Konami’s lawyer was returned with an auto-reply on Tuesday stating that he was “in trial without regular access to email.”

On Jan. 10, a judge ruled that Konami “presented evidence to establish every element of liability [for] counterfeit activity and violation of federal unfair competition law, pursuant to the Lanham Act, on the part of the Defendants.”

For more background on the case, click here.

You can download Konami’s original preliminary injunction that details its complaints against Upper Deck by clicking the link below…

renewed-motion-preliminary-injunction-k-UD

One Comment

JOEL WILSON

WHO CAN EVER BELIEVE ANY OF THERE AUTHENTIC
ANYTHING AFTER THIS? THEY NO LONGER HAVE ANY
CREDIBILITY. SHAME ON THE NFL IF THEY LET THEM MAKE ANY MORE PRODUCT. GO AWAY UD

Posted January 29, 2010 at 9:14 pm | Permalink

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