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Wham-o slides into a $6 million award over trademark infringement |
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Written by Felix Da Silva (fdasilva@bitnip.com)
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Saturday, 13 October 2007 |
 Emeryville-based Wham-o said a jury rendered a verdict against SLB Toys, also
known as Manley-Toyquest or ToyQuest, for willful infringement, passing off and willful dilution of Wham-o's trademark on the color yellow for
water slides. As a result, Wham-o was awarded the sum of $6 million.
According to the Business Wire, this verdict is a major victory for WHAM-O in its ongoing efforts to prevent
others from using its federally registered trademarks to deceive consumers into
thinking they are purchasing original WHAM-O products.
Mojde Esfandiari, WHAM-O’s’ president & CEO said,
WHAMO’s’s famous yellow water slide has become an
instantly recognizable iconic symbol of summer fun, and is famous among both
children and adults. 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.
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 Thankfully this verdict came just in time right at the beginning of winter when water slides sales are about to take off. Everyone likes a good water slide party in the snow.
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