Facts

Plaintiff Lanard Toys Limited brought this action against the defendants based on willful violations by the defendants of plaintiff’s intellectual property rights arising out of the production, importation, distribution, sale, display, adaptation, and offer for sale by defendants of blatant "knock-offs" of Lanard’s proprietary PROP SHOTS® toy line and their distinctive packaging.

By virtue of plaintiffs’ extensive design, development, sales, and marketing activities regarding toy and novelty products, Lanard Toys Limited has amassed a substantial portfolio of intellectual property rights including numerous trademarks, identifying trade dress, and other source identifiers. Intellectual property is of particular importance in the toy industry, which is a "fashion" industry heavily dependent on design, packaging, and graphic presentation.

Lanard's line of PROP SHOTS® toys and packaging at issue in this case consists of Sling Shot Launch DROP COPTER™; Mini-Launch WILD COPTERS™ (aka MINI PROP SHOTS® HELICOPTERS™); Mini STUNT PLANE™; and HIGH FLYER™ (aka HIGH FLYERS™).

The products produced, distributed, offered for sale, and sold by the defendants are the SHOOT COPTER, which is virtually identical to Lanard’s DROP COPTER™, and defendants' PULL N' LAUNCH PLANE SET and SUPER PLANE (collectively, "Infringing Toys"); both incorporate elements of Lanard’s WILD COPTERS™ aka MINI PROP SHOTS® HELICOPTERS™, STUNT PLANE™, and HIGH FLYER™.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants' infringement was willful, part of the routine practice of selling "knock-off" products.

Settlement Discussions

The plaintiff demanded $500,000; the defendant offered $5,000.

Other Information

The jury found all of plaintiff's copyrights and trade dress to be valid, and found that the defendants willfully infringed those rights. Anticipated motion for attorneys' fees and non-taxable costs.

Deliberation

four days

Length

six days