I think you may be conflating fakes with counterfeits. While technically not “fake” cards they were fraudulent counterfeits. I know it’s muddy as frequently fraud and forgery and fake and counterfeit are used somewhat interchangeably colloquially but they aren’t all the same thing.

Counterfeit was the term they used in the lawsuit so I reflected that, though it’s usually used to imply a believable forgery. Counterfeit is the correct term but I can see the confusion as usually counterfeits are a fake product pretending to be real. This is a “real” product that is not supposed to be sold.

Upper deck was not licensed to make cards for the US market. Even if they were - they are not allowed to just print whatever cards they wanted. The ratios, print runs, and distribution were predetermined by Konami per their license and contract.

So they were printing genuine productions of the cards - but without a license to do so. Then they began selling those behind Konami in a market they weren’t permitted to distribute in. Upper deck took all the profit from those sales. That’s multiple levels of fraud.

I’m honestly surprised UD somehow managed to survive the lawsuit. Konami had a slam dunk. They had to have paid Konami some ungodly amount of money to get out from under that, not to mention the personal legal liability of whatever executives were involved in scheming up that fraud.