Upper Deck's Counterfeit Claims Coverage Suit Survives

Law360, New York (October 7, 2011, 5:05 PM EDT) -- A California magistrate judge on Wednesday refused to terminate The Upper Deck Co. LLC's lawsuit seeking coverage from its insurer in a 2008 copyright infringement suit lodged by Konami Digital Entertainment Inc. over counterfeit Yu-Gi-Oh! cards.

In denying Endurance American Specialty Insurance Co.'s motion for terminating sanctions, U.S. Magistrate Judge Bernard G. Skomal also rejected the insurer's request to enter a default judgment in its counterclaim against Upper Deck.

However, the judge did grant Endurance monetary sanctions against Upper Deck over the failure of board member...
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