Spielwarenmesse: "Most Innovative Toy" wins court battle against knockoff in prime holiday season

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"Most Innovative Toy" wins court battle against knockoff in prime holiday season

09. December 2019 15:50 h

Air Hogs Zero Gravity Laser zaps Imitation

Spin Master Ltd. maker of Air Hogs Zero Gravity Laser, had its patent rights enforced by a Federal Court in the Southern District of New York, which has issued a preliminary injunction preventing Defendant E. Mishan & Sons, Inc. (Emson) and anyone else acting in concert with them, from selling, offering to sell, or making in the United States, or importing into the United States, Emson's "Radical Racers" toys. Spin Master Ltd. is a subsidiary of Spin Master Corp.

In a decision handed down during the critical shopping period three weeks before Christmas, District Judge Denise L. Cote found that Spin Master is likely to succeed on its patent infringement claims.  As stated in the Judge's Order: "through its development and marketing of an innovative toy car that climbs walls and races over ceilings, Spin Master has achieved significant market recognition and success. The exclusivity promised by its patented technology has been threatened by infringers, most recently Emson."

Based on its exclusive rights to sell these products in the U.S., Spin Master has made significant investments in developing, utilizing, and marketing the innovative Zero Gravity wall climbing technology. The timing of the injunction is critical in view of the Christmas buying season.

Spin Master's Global President, Ben Gadbois, said: "Spin Master aggressively defends its Intellectual Property, and we have always been particularly proud of the uniqueness of the Zero Gravity wall climbing technology. It has been frustrating to have to endure threats to our business from the many counterfeits in the marketplace."

Earlier this year, Spin Master successfully obtained a federal court order enjoining 55 entities that had been infringing Spin Master's trademarks and selling counterfeit Zero Gravity products. Spin Master has asserted its patent claims against the one remaining defendant in that action as well.

Named "Best Toy" by Popular Mechanics at Toy Fair 2019, Spin Master's Zero Gravity Laser toy vehicle delights kids by driving on walls and ceilings and is guided by a hand-held laser controller. Products in the Zero Gravity line have won numerous awards over the years such as Good Housekeeping's "Best Toy Awards," "Most Innovative Toy," and PopSci's "Pick of the Month," along with multiple media accolades.  The Zero Gravity Laser Vehicle is protected by several US patents and is available at all major U.S. retailers including Walmart, Target and Amazon.

 

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