WHAM-O Inc. said it had prevailed in its suit against SLB Toys USA,
Inc. (also known as Manley-Toyquest or ToyQuest) for infringement of
WHAM-O's registered trademark on the color 'yellow' for water slides.
WHAM-O was awarded the sum of $6 million.
WHAM-O, based in Emeryville, CA, said the jury in San Francisco
rendered a verdict against ToyQuest, based in Los Angeles, for willful
infringement, intentional false advertising, and willful dilution of
WHAM-Os famous YELLOW trademark. The toys and sporting goods company
called it a “major victory” in its ongoing efforts to prevent other
companies from infringing on its patents.
“WHAM-Os 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-Os president and
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-Os 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-Os
intellectual property must be respected.”
Wham-O, founded in 1948, was sold in January to an affiliate of
Cornerstone Overseas Investments Ltd., a Hong Kong distributor. Its
major brands include Slip 'N Slide, Frisbee, Hula Hoop, and Super Ball.
In the outdoor, water, surf and snow side, products include the Hacky
Sack footbag, MOREY Boogie bodyboards, and BZ PRO BOARDS(TM)
bodyboards, CHURCHILL swimfins, SNOW BOOGIE and SLEDZ snow sleds and
Riva Sports snowboards