- 16.04.2014, 12:03:09
- /
- OTE0007
Spin Master Sues Brix N' Clix, Rehco LLC and CYI Inc. for Alleged Copyright Infringement of Flutterbye Flying Fairy
Toronto And Los Angeles (ots/PRNewswire) - Spin Master Ltd., Canada's
largest children's toy and entertainment
company and the world leader in flying toys, announced today that it
has filed a civil lawsuit against Brix n Clix, Rehco LLC and CYI Inc.
(the "Defendants") in the United States District Court for the
Central District of California - Case 2:14-cv-02808. The lawsuit
seeks to enjoin the Defendants from the manufacture and selling of
the Defendants' "Starfly" toy, which according to the lawsuit,
infringes Spin Master's rights in the best-selling Flutterbye(R)
Flying Fairy, a flying doll that is controllable in the air with the
palm of your hand.
The lawsuit claims that Defendants' marketing and sale of Starfly was
a "calculated attempt by the Defendants to illegally capitalize on
the success of Spin Master's popular Flutterbye Flying Fairy toy.
Rather than independently create their own original product,
Defendants conspired to create a look-a-like flying fairy (called
"Starfly") that is substantially similar to Spin Master's copyrighted
flying fairy toy in appearance, coloring, styling, and packaging
-along with a copycat marketing campaign." In addition to copyright
infringement, the lawsuit includes claims of false designation of
origin, trade dress infringement, and unfair competition and seeks
damages and other forms of relief.
Flutterbye Flying Fairy has become a global hit and has garnered
numerous awards and accolades including two Toy of the Year
nominations from the Toy Industry Association. Given the success of
the Flutterbye(R) line of fairy toys, Spin Master has already had to
deal with counterfeiting problems around the world. In recent weeks,
Spin Master filed lawsuits in China to stop two counterfeiters, and
it remains committed to protecting its rights. "Spin Master
aggressively protects its brands and products and the action we have
taken today is part of Spin Master's plans to vigorously pursue
companies who misappropriate our intellectual property for their own
profit," says Chris Harrs, General Counsel for Spin Master.
"Spin Master welcomes fair competition and innovation, but it is
disappointed that the Defendants chose to short-cut the process and
release a flying fairy doll that copies our Flutterbye doll - from
the doll down to its packaging and promotion," said Ben Gadbois,
Global President & Chief Operating Officer of Spin Master. "Spin
Master has spent a considerable amount of money developing and
promoting to great success the Flutterbye Flying Fairy. It is
damaging to us, our distributors, and our customers when others
unfairly capitalize on those efforts".
For additional information, please visit out our website,
http://www.spinmaster.com
About Spin Master Ltd.:
A multi-category children's entertainment company, Spin Master has
been designing, developing, manufacturing, and marketing consumer
products for children around the world since 1994 and is recognized
as a global growth leader within the toy industry. Spin Master is
best known for such popular brands as boy's action phenomena and
2009-2010 Boy's Toy of the Year winner Bakugan Battle Brawlers(TM),
and award-winning brands Air Hogs(R), Aquadoodle(TM), Flutterbye(TM),
Spin Master Games(TM) including 2014 Game of the Year, Boom Boom
Balloon (TM) and the popular Hedbanz(TM), SpyGear(TM), Tech Deck(TM),
and the 2014 Innovative Toy of the Year Zoomer(TM). The company has
also marked an entry into children's media with the launch of Spin
Master Entertainment, a subsidiary focusing on the design,
development and production of television and other media properties,
including the hit animated preschool series, PAW Patrol(TM). Spin
Master employs over 900 people with offices in Toronto, Los Angeles,
London, Paris, Hong Kong, Mexico City, Munich, and Milan. For
additional information please visit: http://www.spinmaster.com.
For further information: Chris Harrs General Counsel Spin Master Ltd. +1-416-364-6002 ext 2368 ChrisH@spinmaster.com
ORIGINAL APA-OTS TEXT - THE INFORMATION CONTAINED IN THIS PRESS RELEASE IS SUBJECT TO THE EXCLUSIVE RESPONSIBILITY OF THE ISSUER | PRN