Spin Master Sues Brix N' Clix, Rehco LLC and CYI Inc. for Alleged Copyright Infringement of Flutterbye Flying Fairy
TORONTO AND LOS ANGELES, April 16, 2014 /CNW/ - 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® 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® 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".
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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™, and award-winning brands Air Hogs®, Aquadoodle™, Flutterbye™, Spin Master Games™ including 2014 Game of the Year, Boom Boom Balloon ™ and the popular Hedbanz™, SpyGear™, Tech Deck™, and the 2014 Innovative Toy of the Year Zoomer™. 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™. 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: www.spinmaster.com.
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