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Defendant.
PIaintiff, The Topps Company, Inc. ("Topps"), and defendant, The Upper Deck
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
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
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
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 Filed 06/18/2009 Page 2 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 appear
below):
Topps 1975 Baseball Topps 1979- 1980 Hockey (fi-ont & back)
Case 1:09-cv-03780-RMB Document 24 Filed 06/18/2009 Page 3 of 4