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UNlTED STATES DISTRICT COURTSOUTHERN
DISTRIC'L'
OF
NEW
YORK
THE
TOPPS
COMPANY,
NC.
Plaintiff,-against-THE
UPPER
DECK COMPANY,
NC.,Defendant.
m
ECF case
STIPULATION
AND
ORDEQ
PIaintiff, The Topps Company, Inc. ("Topps"), and defendant,
The
Upper DeckCompany,
Inc.
("Upper Deck"), by their counsel, stipulate as follows:1. Under
the
FederalRule 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 onthe merits on
a
date to be determined by the Court
in
due coulse.
2,
During
the
pendency of this action, Upper
Deck,
nd all
of
its
parents,subsidiaries, affiliated companies, agents, servants, employees, officers and attorneys: (I) willrefrain from manufacturing, reproducing, distributing, adapting, displaying, advertising,promoting, offering for sale, or sellingtrading cards
bearing
designs that are substantially similarto 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,eproducing, distributillg, adapting, displaying, advertising promoting, offeringfor sale,
or
selling trading cards bearing designs that
ru.e
substantially
similar
to Topps's 1975Baseball and 1979-1980 Topps Hockey series (collectively,
the
"Topps Cards," samples ofwhich appear below),
whether
in print, online, or ally other inadia now known or
in
the
future,
Case 1:09-cv-03780-RMB Document 24 Filed 06/18/2009 Page 1 of 4
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
appearbelow):
The
Touas
Cards:
Topps
1
97
1
BaseballTopps
1977
Baseball
Topps
1975 BaseballTopps 1979-
1980
Hockey
(fi-ont
&
back)
Case 1:09-cv-03780-RMB Document 24 Filed 06/18/2009 Page 2 of 4
The
Up~er
eck
Cards:
Upper
Deck's
2009
0-Pee-Chee
Baseball
2009
Upper
Deck
Series
I
Baseball
2009
Upper
Deck
Series
2
Baseball
Upper
Deck's
2008-2009
Upper
Deck's
2008-2009
-
NHL
0-Pee-Chee(front
&
back)
NHL
0-Pcc-Chcc
Update(fiont
&
back)
Case 1:09-cv-03780-RMB Document 24 Filed 06/18/2009 Page 3 of 4
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