China Toy Fair


Spin Master Sues Two Chinese Manufacturers for Patent and Copyright Infringement

logo_spinmasterSpin Master Ltd. has filed civil lawsuits against two Chinese manufacturers with the Shantou Intermediate People’s Court. Spin Master seeks to recover damages and enjoin Shantou Chenghai Hui Ying Toy Factory (Hui Ying) and Shantou Chenghai Hua Cai Ke Yi Industry and Trade Co. Ltd. (Hua Cai) from further manufacturing what Spin Master alleges are knock-offs of Spin Master’s best selling Flutterbye Flying Fairy.

The law suits claim infringement of both Spin Master’s registered copyright and utility model patent. The alleged counterfeits are sold under the names Beautiful Flying Fairy/BaoNiu Flying Fairy and Flower Fairy.

Through online monitoring and administrative enforcement, Spin Master has been successful in shutting down more than 100 web sites that were attempting to sell knock-off versions of Flutterbye Flying Fairy into the global marketplace over the Internet. Many of these websites were found to be selling product manufactured by Hui Ying and Hua Cai.

Flambeau Inc. Obtains Victory in Patent Lawsuit

Flambeau Inc. has obtained a complete victory in a patent litigation case against eTAGZ Inc. On December 13, the U.S. District Court for the District of Utah ruled from the bench that all patent claims against Flambeau by eTAGZ Inc. are invalid.

eTAGZ had accused a number of Flambeau’s Duncan Toy Co.‘s products and Flambeau Outdoors products of infringing 81 claims in three related patents. As part of its patent enforcement program, eTAGZ sued more than 40 other entities in a long string of lawsuits over these same patents, and it sent a large number of pre-litigation demands for licensing fees to others. As of the time of the ruling, several lawsuits were still pending against other parties on the patents at issue in the case.

Flambeau was represented in the lawsuit by the law firm Quarles & Brady LLP of Madison, Wis., and the team of Josephine Benkers, Michael J. Curley, Martha Jahn Snyder, Stacey A. Alexejun, and Anthony A. Tomaselli of Quarles & Brady, with the assistance of David Bennion of Parsons, Behle & Latimer as local counsel.

Electronic Arts Reaches Proposed Settlement with Student Athletes

On Thursday, attorneys representing student athletes who claim Electronic Arts (EA) illegally used student-athletes’ likenesses in the company’s popular NCAA Football video games confirmed they have reached a proposed settlement.

The settlement covers claims made in cases by former players Sam Keller and Ed O’Bannon against EA, along with cases by former players Shawne Alston and Ryan Hart, but must be approved by the court. The amount and other terms are confidential pending a court filing.

EA and attorneys for the student-athletes reached the settlement after the U.S. Court of Appeals ruled in favor of the proposed class-action lawsuit in an attempt by EA to dismiss the case. The ruling remanded the case to U.S. District Court, allowing attorneys for the plaintiffs to seek class certification. The settlement with EA will allow attorneys to focus on claims against the NCAA, which has not settled. [Read more...]

Appeals Court Upholds Mattel Decision in Infringement Lawsuit

The U.S. Fourth Circuit Court of Appeals, led by judges Dennis Shedd, G. Steven Agee, and Clyde Hamilton, have upheld a trial court judgment ordering Super Duper Publications to destroy all of its goods that advertise or contain the name “Say” and “And Say.”

Super Duper is a publisher of educational materials for children with autism and other communication disorders. Since its establishment in 1987, the company has developed 15 lines of “Say” products such as Fold And Say articulation and language books, Fish and Say speech and language floor games, and See it Say it flip books for children with apraxia.

The trial court ruled that Super Duper infringed upon Mattel’s See ‘N Say and The Farmer Says toys.

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Super Duper Loses Trademark Battle with Mattel Over “And Say”

A trial court has ruled in favor of Mattel in a lawsuit against Super Duper, a small publisher of special education materials, in a case regarding Super Duper’s right to use “and Say” in educational materials. Super Duper, started 22 years ago in Greenville, S.C., publishes workbooks, card decks, and games for autistic and other learning-disabled children.

In March 2004, Mattel opposed a trademark registration filed by Super Duper for use for the name “Sort and Say” on a line of special education magnetic games. In 2005, Mattel filed to cancel Super Duper’s registered marks of Fish & Say, Fold and Say, and See It!, Say It!. Consequently, Super Duper filed a lawsuit in federal court seeking to find that its 15 “Say” trademarks did not infringe on any of Mattel’s trademarks. Mattel claimed that Super Duper’s “Say” trademarks infringed on its See ‘N Say electronic pull toy and asked the court to prevent Super Duper from publishing any materials with the 15 marks and also sought $10 million in damages.

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Play Visions Files Infringement Lawsuit Against Dollar Tree Stores

Play Visions, Inc. has filed an infringement lawsuit in the U.S. District Court for the Western District of Washington against Dollar Tree Stores and its sister company, Greenbrier International, Inc.

The lawsuit alleges that Dollar Tree Stores “knowingly, willingly, and unlawfully is infringing patents, trademarks, and copyrights, and intended to infringe on Play Visions intellectual property rights.” The lawsuit lists more than 20 items that Play Visions believes infringes on their IP rights, and the company also believes there might be more.

Play Visions is seeking damages and attorney’s fees.

Aurora World Files Copyright Infringement Lawsuit Against Ty

 

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Aurora World, Inc. has filed a lawsuit against Ty, Inc. for copyright infringement regarding Aurora’s plush line YooHoo & Friends and Ty’s Beanie Boos. The lawsuit, which is filed in federal court, also claims four other violations based on the Lanham Act, California Business and Professions Code, and common law for misappropriation and unfair competition.

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