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• When the Yu-Gi-Oh TCG first came to America, it was Upper Deck who made the cards. They had the license for six years.
• Upper Deck has been a respected and popular trading card company for 20 years, making all manner of professional sports cards, and TCGs like the Marvel Vs. system and the World of Warcraft card game.
• In 2008, Konami -- the owners of the Yu-Gi-Oh game, who gave the license to Upper Deck -- found some bootleg Yu-Gi-Oh cards distributed by a company called Vintage Sports Cards.
• Vintage Sports Cards said they got the counterfeit cards from Upper Deck.
• AND THEY DID.
Last week, a court found Upper Deck liable for counterfeiting and trademark infringement, which means UPPER DECK WAS SELLING BOOTLEG YU-GI-OH CARDS. WHEN THEY WERE THE ONES MAKING THE LEGAL YU-GI-OH CARDS. Is that not the craziest shit you've ever heard? Who would do that? Honestly, the only sellers of anything I can think of are drug dealer, who cut in flour with cocaine and nonsense like that. Hasbo doesn't make those crazy Spader-Man bootlegs you see in shady mall kiosks, because... well... it doesn't make any sense. At any rate, nowadays Yu-Gi-Oh! cards are made directly by Konami, and Upper Deck and Konami just settled out of court, with Upper Deck agreeing to pay an undisclosed sum to Konami. Let that be a lesson to all you people who... uh... decide to produce illegal versions of things you can make legally. Or something. (Via Anime News Network)
Comments
Jerry said:
This is a somewhat common practice, the only thing at fault here was they weren't allowed to under licensing.
This technique is usually done when by large companies to avoid diluting their product.
For example, Energizer can make a trillion batteries, but retailers would never buy them all up. So Energizer sells a percentage of their production to some po-dunk company and they rebrand them as SuperDuper Batteries. Thus Energizer makes big profit off the ones they brand as Energizer, and slight profit off ones they sell to SuperDuper.
I imagine Upperdeck was doing the same thing sort of... but in reverse. They sold ones branded as UD, but since their bottom line cost is mostly licensing fees to Konami, they then sold the cards to some other company. The cards sold the other company are virtually pure profit, with only the cost of ink and paper. It was a sneaky way to cook the books and sell tons of cards and avoid the licensing fee.
Posted 02/01/2010 at 04:35:24 PM
Rob said:
No, guys. These weren't "more" Yu-Gi-Oh cards — they were counterfeit ones. They were markedly different from the real Yu-Gi-Oh cards Upper Deck was also producing. Go to the ANN link to see the difference.
I can understand battery companies selling off excess product to be relabeled, but you can't relabel a Yu-Gi-Oh card. It's either real or counterfeit, even if the packaging is different.
Posted 02/01/2010 at 04:45:34 PM
Anonymous replied to Rob:
Sounds like a great business model! lol
One thing I always wondered is if trading card companies purposely make short runs of cards and then sell more later through sources like Ebay at a collectors markup.
Posted 02/01/2010 at 04:53:37 PM
Ranchoth replied to Rob:
I found a better diagram demonstrating the differences here">http://www.iptrademarkattorney.com/yu-gi-oh-konami-upper-deck-elemental-hero-aqua-neos.JPG>here—I don't know why, but I did it. Did these guys make some defective batches and try and recoup their production costs, or something?
Posted 02/01/2010 at 04:59:07 PM
jerry replied to Ranchoth:
I guess they could have been cards that didn't pass inspection. Or maybe a better assumption is they had a huge print run that inspection missed or were flat out designed wrong. Like maybe tens of thousands of dollars worth. So instead of eating the loss they just sold them to some nobody company.
Posted 02/01/2010 at 05:02:04 PM
Jerry said:
Another thing that used to piss me off, is before the advent of Internet orders, the local card shops would go to the big retailers and buy all the sports cards. Then they would turn around and double or triple the price. They bascially created a shortage to give a false sense of rarity and price. All I wanted was to put them in my bike spokes.
Posted 02/01/2010 at 04:59:17 PM
Robert said:
Looks like they were bootlegging the high demand rare cards. The ones collectors and gamers buy for $20+
(Assumed) "Chinese knock-offs" can go for almost half the price of a legal card.
Posted 02/01/2010 at 05:23:36 PM
ZeroCorpse said:
I think it's criminal to sell people collectible cards of ANY kind.
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I mean, really... You guys on crackcards (Magic The Gathering) paid big bucks for single pieces of cardboard with pretty pictures on them that were barely a few years old. I just don't get it. Are you stupid? Are you retarded or something?
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@Jerry:
Yeah, that's pretty much the way comic shops handled comic books in the late 80s and most of the 90s, too. They created a fake shortage and IMMEDIATELY priced new "rare" comics at three times the newsstand price. That's why I hate card collecting; At least with comics, I could go to the normal bookstore and find a comic rack with all the comics at retail price. A lot of those collectible cards were only sold through specialty stores, and they were GOUGING the people naive enough to keep buying them under those conditions.
Posted 02/01/2010 at 05:23:36 PM
Grenadier replied to ZeroCorpse:
As a recovering Magic/Yu-Gi-Oh! addict, I'll say this--it's extremely easy to get caught up in the "thrill" of finding your first rare card in a booster pack. That's your first hit. From there it only gets worse.
The thing about the rare cards is that they're the GOOD cards, cards that win. Magic is a bit more lenient with this as there are some good common and uncommon cards, but for a good while, my friends and I referred to YGO! as a "spoiled rich kid's game."
A vast majority of the "staple cards" (cards you'd be stupid not to have in your deck) were rare, one in particular (Harpie's Feather Duster) only being found as a pack-in with a Game Boy Advance game.
People who pay a lot of money for shiny slices of cardboard aren't stupid, they just know that if they want to stay competitive in the game they have to pay.
Posted 02/01/2010 at 06:16:48 PM
dude replied to ZeroCorpse:
Yeah, well... that's just like, totally your opinion on intrinsic value, man.
Posted 02/01/2010 at 06:47:57 PM
MikeWaz said:
That picture on the article scares me way more than it should.
I think because it looks like a grown man wearing that freaky anime head with the wannabe sex doll vacant look and awaiting mouth.
Posted 02/01/2010 at 06:01:25 PM
aphthakid said:
Actually, Upper Deck has been accused of doing this kind of thing for decades. Supposedly during the sports card boom days, they would print up more of hot cards (like the Ken Griffey rookie card) and sneak them onto the market or create "errors" and sneak those onto the market.
Posted 02/01/2010 at 06:11:53 PM
Meddler said:
This news puts me in mind of the blackmarket Pokemon card ring that used to operate in my middle school. My cards, which I later found out were stolen, got repossessed and my money was never returned. That soured the Pokemon CCG for me pretty irrevocably. Of course, I still played Magic...and Rage...and Versus...
Well, at least I learned to buy from the properly licensed crooks.
Posted 02/01/2010 at 06:23:23 PM
operations said:
Wonder if that means the cards formerly made by Upper Deck legally will no longer be legal for tournament play.
If so, I expect to hear the screams of thousands of angry card gamers...
Posted 02/01/2010 at 06:56:04 PM
Zdenko replied to operations:
No. This Law Suit was handled for the all of year 2009 and still there are no signs of anything like that.
BTw. as a regular Yu-Gi-Oh! player, I can tell you that these counterfeits are not made to look like perfect copyes, for some reason. For example, the lettering is wrong (Instead of Machine it's written Machine Junta), the names are wrond (Instead of Doomcaliber Knight it's written Ready to Die Knight) and so on...
Posted 02/01/2010 at 07:17:15 PM
Kaoy replied to Zdenko:
That is probably so they could make some sort of claim of not being a copy.
Also, I actually have 3 of a card called 'Dreamweaver', from way back when I played in middle school. I vaguely remember always remarking on one of them being 'the anorexic fairy' because the card was almost as thing as paper and looked a little sickly compared to the others. Now I know why.
Posted 02/01/2010 at 07:36:55 PM
kriz_riktr said:
Just to clarify, Upper Deck has never had the right to print Yu-Gi-Oh cards, they were in charge of distributing them in certain parts of the world, all cards were printed by Konami. For a good analysis of the legal matters, try going here:
Posted 02/01/2010 at 08:03:09 PM
forester said:
And who will want to do business with Upper Deck now?
Bye bye Upper Deck.
Posted 02/01/2010 at 08:43:10 PM
THE PR0F3550R said:
I guess Upper Deck was just a front for Marik's Rare Hunters and their counterfeiting outfit. It's too bad Konami called foul in this as it's obvious Kaiba would have turned Tokyo into Battle City to expose Upper Deck and the Rare Hunters counterfeiting scheme. Instead we get the boring copyright/trademark infringement lawsuit.
Posted 02/02/2010 at 08:03:43 AM
operations replied to THE PR0F3550R:
I weep because I know what you are talking about...
Posted 02/02/2010 at 08:26:32 AM
THE PR0F3550R replied to operations:
Lol. I was super obsessed with Yugioh seven years ago. DVDs, CDs, cards, manga... you name it I had or still have it.
Posted 02/02/2010 at 11:25:19 AM
Anonymous said:
For this instance, counterfeit is not being used meaning printing cards. What happened was Upper Deck had left over cards from a promotion and thought they could repackage and sell them as an "exclusive" product to Y\Vintage. It was because they repackaged these cards that the "counterfeiting" charge was brought up.
Posted 02/02/2010 at 12:17:23 PM
Magicsgame said:
I heard about this ages ago, but I'm posting just to say that you need more YuGiOh shit on this site.
Posted 02/02/2010 at 08:40:44 PM







