WHAM-O(R), Inc. Awarded $6 Million in Suit against ToyQuest for Willful Trademark Infringement of Its YELLOW Trademark on Slip 'N Slide(R) Backyard Water Slides: Federal Jury Rules That ToyQuest Willfully Violated WHAM-O's Federally Registered Trademark for the Color YELLOW on Water Slides

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WHAM-O, Inc., a global branded consumer products company with a diversified portfolio of innovative toys, sporting goods and recreational products, announced today that it has prevailed in its suit against SLB Toys USA, Inc. (also known as Manley-Toyquest or ToyQuest) for infringement of WHAM-O's federally registered trademark on the color YELLOW for water slides. The jury rendered a verdict against ToyQuest for willful infringement, intentional false advertising, and willful dilution of WHAM-O's famous YELLOW trademark. WHAM-O was awarded the sum of $6 million.

WHAM-O's famous yellow water slide has become an instantly recognizable iconic symbol of summer fun, and is famous among both children and adults

    The verdict is a major victory for WHAM-O in its ongoing efforts to prevent others from using its federally registered trademarks to deceive consumers into thinking they are purchasing original WHAM-O products.

"WHAM-O's famous yellow water slide has become an instantly recognizable iconic symbol of summer fun, and is famous among both children and adults," said Mojde Esfandiari, WHAM-O's president & CEO. "Our color trademark for water slides has been upheld by the jury and we will take all necessary measures to ensure that consumers are not deceived by competitors."

Adds Ms. Esfandiari, "The judgment is a victory for WHAM-O and consumers because it sends a clear message to companies that willingly employ deceptive marketing practices in attempts to deliberately confuse consumers into thinking they are purchasing WHAM-O products. For nearly 60 years, WHAM-O has built its brands on innovation, quality and trust, and we are not about to let any company come between us and our loyal consumers."

WHAM-O's lead trial counsel, Annette Hurst and John Ulin of the law firm Heller Ehrman LLP, added, "The jury clearly sent a very strong message to ToyQuest and, all other toy manufacturers, that WHAM-O's intellectual property must be respected."


Founded in 1948, WHAM-O is headquartered in Emeryville, California. WHAM-O's leading toy brands include classic toys such as: the Slip 'N Slide(R) water slide, Frisbee(R) flying discs, Hula Hoop(R), and Super Ball(R). WHAM-O's leading outdoor, water, surf and snow recreational brands include: the Original Frisbee Disc(R) flying disc for use in freestyle, ultimate and disc golf, the Hacky Sack(R) footbag, MOREY(R) Boogie(R) bodyboards, and BZ(R) PRO BOARDS(TM) bodyboards, CHURCHILL(R) swimfins, SNOW BOOGIE(R) and SLEDZ(R) snow sleds and Riva Sports(R) snowboards. WHAM-O designs and manufactures a core of more than 70 products that appeal to all ages, which are carried by virtually every toy, sporting goods and mass retailer in the world. For more information, visit http://www.wham-o.com or call toll free 1-888-WHAM-O-50 (1-888-942-6650).

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Stefan Pollack
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