The seto kaiba character was s not fake at all, i don't understand why soo many unprofessional have to say that's it's fake. Let be honest, if people are uncertain or not familiar with something please be responsible on what answer your about to give because that's faults information your giving away here and that's very wrong
UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
THE UPPER DECK COMPANY, a Nevada )
corporation, ) 7) Plaintiff, ) 8) vs. ) 9) KONAMI MARKETING, INC. a California ) corporation; and KONAMI DIGITAL ) ENTERTAINMENT, INC., and Illinois )
) ) ) )
This matter comes before the Court on Defendant’s Motion to Dismiss or Transfer to Central District of California. (#10). Defendant alleges that an action filed and litigated in the Central District of California involving the parties necessitates the dismissal of this action, based on first-in- time principles and apparent “forum shopping” by Plaintiff. In the alternative, Defendant moves for transferring the action to the Central District as venue is proper there and it would be more convenient for the parties and witnesses. Plaintiff refutes dismissal and transfer as it alleges to be a Nevada corporation and that the events concerning the action took place in Clark County.
IT IS HEREBY ORDERED that Defendant’s Motion to Dismiss is DENIED. IT IS FURTHER ORDERED that Defendant’s Motion to Transfer, in the alternative is GRANTED. (#10).
1 II. BACKGROUND
2 Konami Digital Entertainment is the manufacturer of Yu-Gi-Oh! Trading Card Game and
3 headquartered in Los Angeles. Konami Marketing, Inc. was located in Los Angeles, but ceased to
4 exist in 2005. Konami brought a suit against Vintage Sports Cards, the wholesale distributer who
5 sold counterfeit Yu-Gi-Oh! “Rare Cards” to a Toys-R-Us store in California in October 2009. In
6 an amended complaint in that litigation on December 11, 2008, Konami named Upper Deck
7 Company, its exclusive distributor of the cards, as a co-defendant as it believed Upper Deck supplied
8 Yu-Gi-Oh! with the counterfeit cards. The amended complaint stated six causes of action: (1)
9 federal trademark counterfeiting and infringement; (2) unfair competition in violation of federal law;
10 (3) copyright infringement; (4) state unfair competition; (5) common law trademark infringement;
11 and (6) breach of contract. (#12, Ex. T).
12 In that action, the court granted Plaintiffs Konami Digital Entertainment and Konami
13 Corporation’s motion for a temporary restraining order as to the manufacture and distribution of
14 counterfeit trading cards. (2:08-cv-06630-VBF-PJW, “Vintage Action”, #7). The court also granted
15 Plaintiffs’ motion for a preliminary injunction. Id. at #17. Plaintiffs moved for a second temporary
16 retraining order as to the use of Konami’s trademarks, copyrights and unfair competition, as well
17 as an order to show cause regarding a preliminary injunction. Id. at #36. The court denied these
18 motions without prejudice. Id. at #81. Defendant Upper Deck filed a motion to dismiss and
19 subsequent counterclaims. Konami filed a motion to dismiss Upper Deck’s amended counterclaims
20 and the court granted that motion. (Vintage Action, #178). The court dismissed without prejudice
21 six claims of Upper Deck’s amended counterclaims as the fraud claims were not plead with
22 particularity, the fraud in the inducement claim failed, one fraud claim was time barred, and the
23 elements of civil conspiracy were not properly alleged. Id. at 2. The court denied Upper Deck’s
24 motion to transfer venue to Nevada (#141) and denied Upper Deck’s request by way of opposition
25 that it stay its ruling until this Court ruled on the motion before it.
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