Falls Media had so little market goodwill that no rational jury could infer from this evidence that Zobmondo!! intended to capitalize on Falls Media's non-existent goodwill in the market.
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Los Angeles (PRWEB) October 21, 2008
The United States District Court for the Central District of California has canceled the registered trademark* for "Would You Rather…?" formerly owned by Falls Media, LLC. In a lawsuit filed in 2006 by Zobmondo!! Entertainment, LLC, United States District Judge Audrey B. Collins ruled that Falls Media's registered trademark was invalid because it was "merely descriptive" of Falls Media's "Would You Rather…?" products, and because consumers do not recognize Falls Media as the source of products bearing the "Would You Rather…?" trademark.
"Having built the business of Zobmondo!! 'Would You Rather. . . ?' games from scratch over the past ten years, we are gratified that the Court has recognized our right to use the phrase 'Would You Rather. . .?'," says Randall Horn. "This decision is noteworthy because federally registered trademarks are presumed valid by the Court. Yet, here the Court granted the extraordinary remedy of ordering the Trademark Office to cancel the trademark from the Federal Register."
Judge Collins also rejected Falls Media's claim that Zobmondo!! Entertainment sought to benefit from Falls Media's goodwill in the marketplace, stating: "Falls Media had so little market goodwill that no rational jury could infer from this evidence that Zobmondo!! intended to capitalize on Falls Media's non-existent goodwill in the market."
Since 1998, Zobmondo!! Entertainment, LLC has manufactured and distributed the popular line of Zobmondo!! "Would You Rather . . . ?" board games and card games that sell in major retail stores nationwide. Zobmondo!! is the brainchild of Randall Horn, who conceived the idea for Zobmondo!! "Would You Rather...?" games during business school in 1996. Current Zobmondo Entertainment games include 'Zobmondo!! "Would You Rather . . . ?" The Game of Mind Boggling Questions' and 'Zobmondo!! "Would You Rather . . . ?" The Twisted, Sick & Wrong Version'.
*U.S. Trademark Registration No. 2,970,830
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