Los Angeles, CA – A copyright infringement, trademark infringement, Lanham Act unfair competition, and section 17200 complaint was filed in United States District Court, Los Angeles, by Hong Kong based Funrise Toys, Inc. over sales of allegedly infringing toys by defendants doing business as Aahs stores. Funrise Toys has federally registered trademarks for its “Gazillion Bubbles” word mark, bottle design trade dress, wand design trade dress, and machine design trade dress. Funrise Toys also claims to have trade dress and copyrights in the box packaging, in addition to the wand, machine, and bottle, for which it has received several copyright registration certificates. Funrise Toys also asserts that it has registered trademark rights in the green and purple colors used in the toys.
The complaint alleges that the Aahs defendants manufacture and sell bubble machines which are substantially copied from the plaintiff’s “Gazillion Bubble Machine and box packaging and Defendants Aahs’ bubble bottle and wand is substantially copied from and contains the same physical appearance and features as the trade dress of” Plaintiff’s products or is a reproduction, counterfeit, copy, or colorable imitation thereof. Plaintiff further alleges that that defendants’ infringing product “is likely to, was intended to, and did cause confusion or mistake or to deceive the relevant trade and the public into believing that the” infringing product is “sponsored by, authorized by, associated with, originates from, and/or is in some way connected with or licensed by Plaintiff.” Plaintiff continues that the infringement was willful and intentional to trade upon plaintiff’s goodwill and reputation and asks for enhanced damages and attorneys’ fees. Plaintiff also asserts causes of action for Lanham Act unfair competition Section 43(a), and unfair competition under California Business and Professions Code § 17200. The case is titled: Funrise, Inc. v. Bhasin Enterprises, Inc., CV08-01117 DSF (C.D. California February 20, 2008).