Spin Master has issued civil High Court proceedings against Character Options and Brix n‘ Clix (the “Defendants”) in the High Court of Justice, London.
The lawsuit seeks an injunction to prevent the Defendants from infringing several of Spin Master’s intellectual property rights by marketing and selling the “Sky Dancers Starfly” toy, which is alleged to infringe Spin Master’s rights protecting the Flutterbye Flying Fairy. The lawsuit alleges that the Starfly toy and its packaging has the same overall appearance as and has been copied from the Flutterbye Flying Fairy and its packaging. The lawsuit also seeks delivery up or destruction of all of the Defendants’ stocks of the Starfly toy and that the Defendants account for all of their profits made from the Starfly toy or pay damages, including additional statutory damages for the flagrancy of the infringement, in addition to Spin Master’s legal costs.
In addition to the lawsuit filed in the United Kingdom against Character Options and Brix n Clix, Spin Master has initiated a lawsuit against Zhongshan Techboy Electronic Technology and its related factory, Da’ao Chuangyou Electronics Factory. These two targets were found manufacturing the “Starfly”. The copyright and utility model patent infringement claims were filed on April 9, 2014 before Zhongshan Intermediate People’s Court, and an immediate evidence and assets preservation was applied on May 12, 2014.
Spin Master has already sued the developers and distributors of the Starfly toy, Brix n Clix, Rehco and CYI in the US courts. In recent weeks, Spin Master filed lawsuits in China to stop two counterfeiters.
Christopher Harrs, general counsel of Spin Master, said: “Spin Master has determined who is involved in the manufacture and distribution of the infringing Starfly product and we have already sued Brix n Clix and its partner Recho in the United States. Spin Master has now sued the Chinese manufacturer of Starfly and we have taken action in Europe against Brix n’ Clix and its UK distributor, Character Options. I think we have shown that Spin Master will vigorously pursue companies who misappropriate our intellectual property for their own profit and we look forward to actively protecting our rights throughout Europe and the rest of the world, especially as more of our IP protection continues to issue.”
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