Spin Master Ltd. Wins WOULD YOU RATHER...? Infringement Lawsuit

Los Angeles Jury Unanimously Finds Zobmondo Liable

TORONTO, Nov. 7, 2012 /CNW/ - Spin Master Ltd. and its licensors, Justin Heimberg and David Gomberg, the authors of the best-selling WOULD YOU RATHER…?® series of books  are pleased to announce that a Los Angeles jury unanimously found yesterday that Zobmondo!! Entertainment LLC and its owner Randall Horn ("Zobmondo") are liable for willfully infringing Spin Master Ltd.'s WOULD YOU RATHER…? trademark.

For years, Zobmondo has sold board games, books, and card games under the WOULD YOU RATHER…? brand, in violation of the trademark rights of Spin Master Ltd. and Messrs. Heimberg and Gomberg.   After a two week trial, the jury reached a verdict awarding Spin Master Ltd. $5.1 million in compensatory damages.  The jury also awarded an additional $3.5 million in punitive damages after finding that Zobmondo acted with malice, oppression, or fraud.   In so doing, the jury affirmed the validity of Spin Master Ltd.'s WOULD YOU RATHER…? trademark.

"This victory is important for Spin Master Ltd. and inventors who respect trademark rights.  Though we did not want to have to enforce this trademark through litigation, we had no choice but to protect a brand that Justin Heimberg and David Gomberg created over fifteen years ago and that was wrongfully taken from them by Zobmondo," stated Christopher Harrs, Senior Vice-President and General Counsel of Spin Master Ltd.  "We are thankful for the jury's service and for their verdict, which recognized that Zobmondo's conduct was willful and wrong."

David Gomberg, co-author of the WOULD YOU RATHER…? ® series of books and licensor of Spin Master's WOULD YOU RATHER…? ® board game commented, "We have fought to protect this brand for over a decade and always believed that a jury would vindicate our rights in the end. For many years, it has been very difficult to get our products accepted by retail because of Zobmondo's sales of infringing products. We expect that will change now that the jury has spoken."

About Spin Master Ltd.

A multi-category children's entertainment company since 1994, Spin Master has been designing, developing, manufacturing and marketing consumer products for children around the world and is recognized as a global growth leader within the toy industry. Spin Master is best known for such popular brands as boy's action phenomena and 2010 Boys Toy of the Year winner Bakugan Battle Brawlers™, and award-winning brands Air Hogs®, Aquadoodle™, Tech Deck™, Moon Sand™, Liv™, and Zoobles™.  The company has also marked an entry into children's media with the launch of Spin Master Entertainment, a subsidiary focusing on the design, development and production of television and other media properties. Spin Master employs over 900 people with offices in Toronto, Los Angeles, London, Paris, Hong Kong, Mexico, Munich, Italy, Spain and central Europe. For additional information please visit: www.spinmaster.com.

SOURCE: Spin Master Ltd.

Harold Chizick
Vice President, Marketing Services
Spin Master Ltd.
[email protected]
416-364-6002 ext 2238