NSI International Files Infringement Lawsuit during New York Toy Fair, to protect its Amazing Wubble™ Bubble Ball
NEW YORK, Feb. 14, 2015 /PRNewswire/ -- NSI today announced that it has filed a multi-claim infringement lawsuit against Imperial Toy LLC. The lawsuit contains claims under Federal and New York State law for false advertising, trade dress misappropriation and unfair competition, among other causes of action. The claims arise out of allegations that Imperial Toys, through an alleged "knock-off product," is attempting to profit from the good will and consumer brand awareness NSI has built with its multiple-award-winning and beloved Wubble Bubble Ball.
"We filed this case for a very simple reason; NSI believes that its property is being knowingly and unfairly exploited," said Brian Waldman, senior vice president of Sales and Marketing at NSI.
"The Wubble Bubble Ball is one of the most creative and engaging toys to have been released in many years, and it has been embraced by retailers and millions of children around the globe since its introduction in mid-2014. Everything we develop is based on the fundamental principle that our intellectual property is one of our core assets, and represents the work product of dozens of engineers, designers and marketers. It is our single most important investment and we must defend it vigorously," said NSI's President, Frank Landi.
NSI's complaint says that Imperial has willfully infringed and continues to infringe on a number of key pieces of protected NSI intellectual property, including its trade dress, by promoting its googly ball through its broad distribution base in a way that is likely to cause the public to believe that Imperial's imitation product is the same or performs the same as the Wubble Bubble Ball.
The lawsuit, which was filed in Federal Court in New York, also claims that Imperial's googly ball, which is made of the same material Imperial uses in their Disney and Marvel Licensed Googly branded balls and novelties, "has been observed to be flammable according to observed testing to US toy safety guidelines, and was previously involved in an EU Safety recall for flammability in 2009."
"We provided Imperial with copies of the Compliant prior to New York Toy Fair in the hope that they would do the right thing, but unfortunately, when we showed up this morning to the show, Imperial was continuing to engage in the very same conduct about which we had complained. We are now left with no choice but to proceed with the litigation and protect our rights through the courts," Landi also stated.
NSI has applied for multiple patents worldwide, has won nearly every major consumer-based toy award, and has caused a magical, imaginative, physical play revolution around the world with its innovative Wubble Bubble Ball. NSI's Wubble™ Bubble Ball is available online at Wubbleball.com and in store at Target, Toys R Us, Wal-Mart and most other toy retailers nationwide.
ABOUT NSI INTERNATIONAL INC.:
NSI International Inc. is a global marketer and manufacturer of innovative toys and children's products under such established brands as Nickelodeon, Smithsonian and Oglo sports. NSI is headquartered in New York City, and its products can be found in thousands of retail locations in countries around the globe. © 2015 NSI International, Inc. All Rights Reserved.
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SOURCE NSI International Inc.
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