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Intellectual Property
Trademark Infringement
Lanham Act

Spin Master, Ltd., et al. v. Zobmondo Entertainment, LLC et al.

Published: Dec. 8, 2012 | Result Date: Nov. 5, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 2:06-cv-03459-ABC Verdict –  $8,500,000

Court

USDC Central


Attorneys

Plaintiff

Ben M. Davidson
(Davidson Law Group ALC)

Kelly W. Craven

Bobby A. Ghajar
(Cooley LLP)


Defendant

Lawrence Y. Iser
(Kinsella, Holley, Iser, Kump & Steinsapir LLP)

Gregory P. Korn
(Kinsella, Holley, Iser, Kump & Steinsapir LLP)

Gregory S. Gabriel


Facts

Spin Master, Heimberg, and Gomberg asserted claims for infringement and unfair competition relating to its "Would You Rather . . . ?" trademark against Zobmondo! Entertainment and owner Randall Horn, alleging that for years Defendants sold board games, books, and card games using the trademark.

Result

The jury found that "Would You Rather . . .?" was a protectable trademark and that Defendants infringed that trademark. The jury awarded Plaintiffs over $8.6 million in damages, including over $5.1 million in damages and $3.5 million in punitive damages.


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