Innovation First, Inc. has filed an intellectual property infringement lawsuit against Urban Trend, LLC and two of its principals, Robert G. Kushner and Michael Stoll, in the United States District Court for the Northern District of Texas. The lawsuit alleges that the defendants committed trade dress infringement, violations of the Lanham Act, and other wrongful conduct in offering knock-offs of the Hexbug Nano micro robotic toys designed and sold by Innovation First.
The knock-offs, says Innovation First, copy the look and feel of the products, mirroring, among other aspects, their design, color scheme, and naming conventions. The company also alleges that the defendants lifted both form and content from Innovation First’s sales materials for use in their advertising. Innovation First premiered the Hexbug Nano Micro Robotic Creature toy line in 2009.
Innovation First has filed, and continues to file, for foreign and international intellectual property protection for virtually every aspect of the robotic creatures, as well as their packaging, marketing, and associated accessories and materials.
The company is also inviting retailers, buyers, and others in the supply chain to take a closer look at Innovation First’s intellectual property protection. This invitation is designed to educate them on the company’s patent filings and to help them protect themselves from future legal action. Retailers are liable for selling products that infringe on patent rights.