The dispute between Konami Digital Entertainment and Upper Deck Entertainment over Konami’s claims that Upper Deck counterfeited Yu-Gi-Oh! cards (see “Upper Deck Source of Counterfeit Yu-Gi-Oh! Cards?”) is heading to trial later this month. In a pre-trial judgment rendered on December 23rd the United States District Court for Central California ruled in favor of Konami Digital Entertainment granting “the Plantiff’s Motion for a finding of liability against defendant Upper Deck…on the third amended complaint’s first cause of action for Federal trademark counterfeiting and infringement, on the second cause of action for unfair competition in violation of Federal Law, fourth cause of action for State unfair competition, and fifth cause of action for common law trademark infringement.”
The court also found in Konami’s favor in regards to copyrighted art on the card backs (so called “reverse art”), but ruled that Konami did not “meet their burden” as to claims about infringement of “other art/text” included on the cards. The judge also denied Konami’s motion for a “partial summary judgment” and set the trial date for January 26th, 2010.