Konami Wins Counterfeit Card Case

When a fad hits in a big way, the rabid obsession that fans have with the product in question equates to tons of money for the producer of that product. In this particular case, the product is Yu-Gi-Oh!, specifically the trading cards.

But, when these products become huge, people try to take advantage… which is why Konami, who produces video games based on Yu-Gi-Oh! and is an apparent defender of Duelists (the company behind the cards), sued card producer Upper Deck.

It was found that Upper Deck had been producing counterfeit cards in China, and shipping them by the container load to the USA, where they were selling the cards directly to Toys R Us stores. The unlicensed production of these cards (in this case based on the quantity of cards produced) lead to the legal action.

At the end of January 2010, a Federal Court in the US ruled in favour of Konami.

"We are extremely pleased with the successful resolution of our case against Upper Deck," Kazumi Kitaue, chairman of Konami, said following the verdict.

"Konami's goal is and has been to protect Duelists from counterfeit Yu-Gi-Oh! TCG cards and to protect the integrity of the Yu-Gi-Oh! TCG. This goal was achieved when Upper Deck was prohibited for eternity from distributing counterfeit Yu-Gi-Oh! TCG cards and from holding itself out as the authorised distributor of the Yu-Gi-Oh! TCG."

"This entire situation came as a huge shock to us. As a company that has based their entire business model on producing authentic entertainment and sports licensed products, Upper Deck went against their very core beliefs by counterfeiting Yu-Gi-Oh! TCG Cards," added Konami VP of Card Business Yumi Hoashi. "It was very disheartening to learn that a trusted business partner would take these actions to dupe us and the Yu-Gi-Oh! TCG community.”

Konami have announced that the company will now – after this incident – be handling the distribution of the cards in question in all territories outside of Asia.

Interestingly, the defense lawyer for Upper Deck even admitted that his client’s actions were completely illegal. "At this point, Upper Deck doesn't have a lot of Life Points. We're talking about behaviour that, from a defence attorney's standpoint, I can't defend and I am not going to defend,” the lawyer said.