WHAM-O, Inc., a global branded consumer products company with a diversified portfolio of innovative toys, sporting goods and recreational products, announced today that it has prevailed in its suit against SLB Toys USA, Inc. (also known as Manley-Toyquest or ToyQuest) for infringement of WHAM-O's federally registered trademark on the color YELLOW for water slides. The jury rendered a verdict against ToyQuest for willful infringement, intentional false advertising, and willful dilution of WHAM-O's famous YELLOW trademark. WHAM-O was awarded the sum of $6 million.
EMERYVILLE, Calif. (Business Wire EON) October 12, 2007 --
WHAM-O, Inc., a global branded consumer products company with a
diversified portfolio of innovative toys, sporting goods and
recreational products, announced today that it has prevailed in its suit
against SLB Toys USA, Inc. (also known as Manley-Toyquest or ToyQuest)
for infringement of WHAM-O's federally registered trademark on the color
YELLOW for water slides. The jury rendered a verdict against ToyQuest
for willful infringement, intentional false advertising, and willful
dilution of WHAM-O’s famous YELLOW trademark.
WHAM-O was awarded the sum of $6 million.
The verdict is a major victory for WHAM-O in its ongoing efforts to
prevent others from using its federally registered trademarks to deceive
consumers into thinking they are purchasing original WHAM-O products.
"WHAM-O’s famous yellow water slide has
become an instantly recognizable iconic symbol of summer fun, and is
famous among both children and adults,” said
Mojde Esfandiari, WHAM-O’s president & CEO. “Our
color trademark for water slides has been upheld by the jury and we will
take all necessary measures to ensure that consumers are not deceived by
competitors.”
Adds Ms. Esfandiari, “The judgment is a
victory for WHAM-O and consumers because it sends a clear message to
companies that willingly employ deceptive marketing practices in
attempts to deliberately confuse consumers into thinking they are
purchasing WHAM-O products. For nearly 60 years, WHAM-O has built its
brands on innovation, quality and trust, and we are not about to let any
company come between us and our loyal consumers.”
WHAM-O’s lead trial counsel, Annette Hurst
and John Ulin of the law firm Heller Ehrman LLP, added, “The
jury clearly sent a very strong message to ToyQuest and, all other toy
manufacturers, that WHAM-O’s intellectual
property must be respected.”
ABOUT WHAM-O INC.
Founded in 1948, WHAM-O is headquartered in Emeryville, California.
WHAM-O's leading toy brands include classic toys such as: the Slip 'N
Slide(R) water slide, Frisbee(R) flying discs, Hula Hoop(R), and Super
Ball(R). WHAM-O's leading outdoor, water, surf and snow recreational
brands include: the Original Frisbee Disc(R) flying disc for use in
freestyle, ultimate and disc golf, the Hacky Sack(R) footbag, MOREY(R)
Boogie(R) bodyboards, and BZ(R) PRO BOARDS(TM) bodyboards, CHURCHILL(R)
swimfins, SNOW BOOGIE(R) and SLEDZ(R) snow sleds and Riva Sports(R)
snowboards. WHAM-O designs and manufactures a core of more than 70
products that appeal to all ages, which are carried by virtually every
toy, sporting goods and mass retailer in the world. For more
information, visit http://www.wham-o.com
or call toll free 1-888-WHAM-O-50 (1-888-942-6650).
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