Topps Vs Upper Deck June 18 Court Filing

Case 1:09-cv-03780-RMB

Document 24

Filed 06/18/2009

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UNlTED STATES DISTRICT COURT SOUTHERN DISTRIC'L' OF NEW YORK

THE TOPPS COMPANY, INC. Plaintiff, -against-

ECF case

m

STIPULATION AND ORDEQ

THE UPPER DECK COMPANY,INC., Defendant.

PIaintiff, The Topps Company, Inc. ("Topps"), and defendant, The Upper Deck Company, Inc. ("Upper Deck"), by their counsel, stipulate as follows: 1.

Under the Federal Rule of Civil Procedure 65(a)(2), the parties hereby agree to

Lhc consolidation of Topps's pending motion for injunctive 1eIief (the "Motion") with a trial on

the merits on a date to be determined by the Court in due coulse. 2,

During the pendency of this action, Upper Deck,and all of its parents,

subsidiaries, affiliated companies, agents, servants, employees, officers and attorneys: (I) will

refrain from manufacturing, reproducing, distributing, adapting, displaying, advertising, promoting, offering for sale, or selling trading cards bearing designs that are substantially similar to Topps's 1971 and 1977 Baseball series; and (2) except for the sale by no later than July 16,

2009 of the existing inventory identified in the Declarations of Jason Masherall, dated May I, 2009, and Josh Zusman, dated June I 1,2009, Upper Deck will refiain from further mai~ufacturing,reproducing, distributillg, adapting, displaying, advertising promoting, offering for sale, or selling trading cards bearing designs that ru.e substantially similar to Topps's 1975 Baseball and 1979-1980 Topps Hockey series (collectively, the "Topps Cards," samples of which appear below), whether in print, online, or ally other inadia now known or in the future,

Case 1:09-cv-03780-RMB

Document 24

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including but not limited to Upper Deck's 2009 0-Pee-Chee Baseball, 2009 Upper Deck Series 1 Baseball, 2009 Upper Deck Series 2 Baseball, 2008-2009 NHL 0-Pec-Chee Hockey, and 2008-

2009 NHL 0-Pee-Chee Hockey Update product, or any othcr trading card products using substantially similar designs (col.lectively, the "Uppcr Deck Cards," samples of which appear below): The Touas Cards: Topps 1 97 1 Baseball

Topps 1975 Baseball

Topps 1977 Baseball

Topps 1979- 1980 Hockey (fi-ont & back)

Case 1:09-cv-03780-RMB

Document 24

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The U p ~ e rDeck Cards:

2009 Upper Deck Series 2 Baseball

Upper Deck's 2009 0-Pee-Chee Baseball

2009 Upper Deck Series I Baseball

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Upper Deck's 2008-2009 NHL 0-Pee-Chee (front & back)

Upper Deck's 2008-2009

NHL 0-Pcc-Chcc Update (fiont & back)

Case 1:09-cv-03780-RMB

Document 24

Filed 06/18/2009

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