I'm not discounting the SNK USA years, just that on balance of probablities Dion probably had rights and the onus is then on you to prove SNK USA's rights were exclusive for Dion to be required to respond. If you post a copy of SNK USA's rights for the time, then it would confirm your allegations, then you have a reasonable chance of success.
Sadly, the same can be said on the contrary: if Dion post a contract showing he had rights back then, then it would confirm its allegations (as I have said, the Playmore press release does not in any way refer more than to the time Playmore sues Dion).
Logic says, if there is a SNK USA as the official distributor for a market (USA), it does not makes logic for SNK JAPAN giving rights to an individual at the same time for the same market, even allowing him to do a lot more than to SNK USA; and of course, SNK USA would not give daughter rights to anybody to do what they even could not or did not dare to do.
Aruze days, is another story...
EDIT: I had been asking some questions to Dion at the Assembler threads, which he has answered (I have to be thankful to him for answering, as I know the easy thing to do is to ignore the queestions); also, I have the feeling due to one of his answers, that he is reading this thread.
I would like to reproduce some part of them here, to comment, specially if somebody is familiar with the USA laws, etc., as I of course am from Spain and here these things may differ a lot.
http://www.assemblergames.com/forums/showthread.php?t=31774&page=17
1)
caren103 asks: "- So, according about you're saying: let's suppose during the SNK USA years you did not have rights. Let's suppose after the SNK USA years and the Aruze years, you had rights.
Playmore sues you, and it is demonstrated right then you have the rights.
Are you saying that would mean that if you sold MVS to AES conversions, or corrected inserts, during the SNK USA years, they were unofficial then, but after the trial, then automatically they would become official?"
Dion answers: "
Once official, always official
Yes, that is how it works.
If a company does indeed grant distribution rights to a said item, it is the item that is deemed official. Dates are irrelevant once an agreement has been made and items are deemed official/authorized.
Obviously NGF wasn't around in 1990-1995, but we are granted rights to repackaging of games from that time frame as well.
All retrofits and conversions have always been fully official and authorized by snk-japan.
We never sold any infringing items. All the artworks were provided by snk-japan for NeoGeoFreak official distribution and repackaging.
This dates back to 1996/1997."
2)
caren103 asks: "- Why Playmore could want the SNK or Aruze distribution contracts and agreements would become confiential by the settlement?
It makes sense they do want the settlement in itself being confidential, but I do not see sense regarding those other documents which are NOT of Playmore concern, as they were signed with other companies."
Dion answers: "Plantiff offers settlement, and wants confidentiality
Playmore offered NGF the settlement (plaintiff offered a settlement). They probably wanted all previous agreements and settlement terms to be confidential as it showed what costs and payments were made. Maybe playmore didn't want other distributors seeing what prices NGF paid. Of course, I am only speculating."
3)
Dion: "Remember, NeoGeoFreak/NGF-USA was a "doing business as" (dba) aka "fictitious business name" (legal terms) created by Chris and myself. The "NGF" company isn't in business anymore, but we still associate ourselves with the NGF brand name.
NeoGeoFreak and NGF-USA were legally registered fictitious business names.
Fictitious Business DBA link (for clarity on fictitious business dba):
http://blogs.findlaw.com/free_enterprise/2010/06/what-is-a-fictitious-business-name.html "