Upper Deck Co. failed to shake off antitrust claims brought by Leaf Trading Cards LLC in a suit over NHL trading cards, after the Northern District of Texas found Upper Deck didn’t show the suit was filed in retaliation for petitioning the government.
Parties who petition the government, including by filing litigation, may be exempt from antitrust liability arising out of that conduct, the court said.
Upper Deck initially sued Leaf alleging trademark infringement. Leaf countersued with antitrust claims.
Upper Deck argued that the antitrust claims arose directly from its efforts to protect its intellectual property rights, and therefore failed.