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Upper Deck lawsuit jeopardizes Disney Lorcana launch

Posted on June 9, 2023June 8, 2023 by CharlotteM

The highly anticipated launch of Ravensburger’s Disney Lorcana trading card game has encountered a significant setback due to a contentious lawsuit initiated by The Upper Deck Company. In a recently filed 19-page complaint presented to a California court, Upper Deck contends that co-designer Ryan Miller, while working under contract with them, unlawfully appropriated their intellectual property to develop a strikingly similar game, thereby infringing upon their rights. Upper Deck has now sought legal intervention to halt the release of Disney Lorcana, which was originally slated for unveiling at this year’s Gen Con convention in August.

According to Upper Deck, the game in question, which they paid Miller to design, is known as Rush of Ikorr, an unreleased title where players assume the roles of ancient deities worshipped by the Greeks and indigenous Mesoamericans. The complaint meticulously presents evidence to support their claims that Disney Lorcana and Rush of Ikorr share identical or substantially similar mechanics. Furthermore, Upper Deck raises doubts regarding Miller’s and Ravensburger’s intentions regarding the sourcing of rules for their game. The complaint alleges that Miller, while in his capacity as the lead game designer for Rush of Ikorr, had access to Upper Deck’s confidential and proprietary information, including draft rules, concepts, components, designs, marketing strategies, and implementation plans. Upper Deck asserts that Miller continued to utilize and rely on this information even after terminating his association with Upper Deck, ultimately creating Lorcana for Ravensburger.

The complaint further alleges that Ravensburger, with the intent to gain a competitive advantage and expedite the launch process, induced and facilitated Miller’s breach of his contractual obligations to Upper Deck. Upper Deck claims that Ravensburger sought to capitalize on Miller’s knowledge of the elements of Rush of Ikorr, enabling them to introduce a nearly identical trading card game under a different brand.

In addition to requesting punitive damages and restitution, Upper Deck’s complaint demands injunctive relief to prevent Ravensburger from publicly releasing Lorcana. It is worth noting that in April, Upper Deck also filed a patent application for Rush of Ikorr, further solidifying their claims of intellectual property rights.

Upper Deck’s President, Jason Masherah, emphasized the company’s commitment to safeguarding the intellectual property of both Upper Deck and its licensors. While encouraging competition in the industry, Masherah firmly advocates for adherence to the rules to ensure that the gaming community benefits from the diverse creative choices offered by each manufacturer.

Polygon has reached out to Ravensburger and Ryan Miller for their comments on the matter. The development of Disney Lorcana began in August 2022, generating significant buzz within the family-friendly trading card game market. Notably, the relatively bloodless gameplay of Disney Lorcana contrasts sharply with the description provided by Upper Deck regarding Rush of Ikorr. The first set of Disney Lorcana cards was released at the D23 fan convention in September, leading to immediate speculation in the secondary market. The rules of the game were inadvertently leaked in a trade magazine in April 2023, prompting Polygon to provide comprehensive coverage of the rules alongside an interview with Miller. Recently, a public demo of Disney Lorcana took place at the U.K. Games Expo 2023.

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