Pilot Pen Wins Magna Doodle(R) Trademark Lawsuit
Mattel France Ordered to Cease Marketing its Similarly Named Drawing Toy
- French Tribunal Rules Toy Giant Must Pay 500 Euros Per Infringement -
TRUMBULL, Conn., Nov. 21 /PRNewswire/ -- Pilot Pen Corporation of America announced today that the Tribunal de Grande Instance of Paris has handed down a significant ruling which may have sweeping repercussions against Mattel France for infringement of French and Community trademarks licensed in association with the Magna Doodle(R) drawing toy. For more than 25 years, Magna Doodle has ranked as a top-selling educational toy in the U.S. and around the world, and achieved recognition as a classic toy. Consumers are reminded to look for the authentic Magna Doodle product when they shop. In 2004, Pilot Pen filed lawsuits against Mattel France in Europe and Fisher-Price, Inc. and Mattel, Inc. in U.S. federal court for violations that included choosing a trademark, "Doodle Pro," which is confusingly similar to the famous "Magna Doodle" trademark. Pilot alleged that other infringements included use of the identical Magna Doodle product configuration as well as packaging that was virtually the same as the previously licensed authentic toy. "For Mattel France to market a drawing toy with a name found to be so similar to Magna Doodle as to be condemned as counterfeiting by the French Tribunal is indeed disturbing," said Tony Craig, Manager of New Business Development for Pilot Pen. "We welcome the French Tribunal's decision to protect the "Magna Doodle" name by upholding Pilot's intellectual property rights which were adjudged to have been violated by these former licensees." Pilot Pen Corporation of America owns the trademark "Magna Doodle," which is protected under French registration (n degrees 1 384 660) and EC registration (n degrees 2 496 115), both for toys and magnetic drafting boxes. The Ohio Art Company - maker of the popular "Etch A Sketch" toy - has been authorized to manufacture and distribute Magna Doodle in Europe, and holds a distribution agreement with Hasbro France, which has been authorized in the French territories since February 2005. Magna Doodle is sold under the Playskool brand in Europe, Vivid in the U.K. and Ohio Art in the U.S. On October 27, 2006, the French Tribunal ruled that by making use of the "Magna Doodle" and "Doodle Pro" brands, without the authorization of Pilot Pen Corporation of America, Mattel France committed acts of counterfeiting by reproduction and imitation of trademarks held by Pilot. The Tribunal also ruled that Mattel France is prohibited from continuing its actions under penalty of 500 euros per infringement, to take effect from the date the decision was served. The judgment is immediately enforceable even though Mattel France has filed an appeal. First conceived as a presentation board for use in cleanrooms, Magna Doodle is manufactured with a unique technology that allows users to write on the panel surface with a magnetic pen and magically erase the image with the sweep of a magnetic eraser. Today, more than 65 million Magna Doodle drawing toys stimulate creativity and mental acuity in children of all ages. As it has been for nearly a quarter of a century, the authentic Magna Doodle toy can be found this holiday season on retail shelves around the globe. Media Contact: Caren Browning The Morris + King Company (212) 561-7464 firstname.lastname@example.org
SOURCE Pilot Pen Corporation of America
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