Upper Deck Coverage Suit Over Counterfeit Cards Chucked

Law360, New York (December 16, 2011, 5:59 PM EST) -- A California federal judge on Thursday tossed all claims brought by The Upper Deck Co. LLC seeking coverage from its insurer in a 2008 copyright infringement suit lodged by Konami Digital Entertainment Inc. over counterfeit Yu-Gi-Oh! cards.

U.S. District Judge Jeffrey T. Miller agreed to grant summary judgment and a claim for rescission, finding that Upper Deck's admission of willful misconduct in the copyright suit precluded it from demanding coverage in the suit against Endurance American Specialty Insurance Co.

“The harm suffered by Konami is the...
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