After seven days of trial, a Central District of California jury found on Oct. 11 that plaintiff/counterclaim defendant SLB Toys USA, Inc., had diluted defendant/ counterclaim plaintiff Wham-O, Inc.’s YELLOW color mark for “sliding surface of water slide toys.” The jury also found that SLB Toys had willfully infringed Wham-O’s YELLOW color mark, whether it was registered or unregistered, and engaged in false advertising. The jury awarded Wham-O $3.6 million and recommended that Judge Ronald Lew enhance their award by an additional $2.4 million. The jury found for SLB Toys on Wham-O’s claim that SLB Toys had infringed a separate “yellow/blue water slide” trademark. (See Vegas Trademark Attorney’s discussion of the decision here.)
With regard to dilution, a subject in which I am particularly interested, the jury found as follows:
CLAIM 4 — DILUTION
On the claim of Wham-O against SLB for dilution of the trademark (registered or unregistered) for the color YELLOW on the sliding surface of water slide toys, we, the jury, find in favor of (check one):
Wham-O X
SLB
If you found in favor of Wham-O on claim 4, do you find that SLB diluted the YELLOW trademark willfully?
Yes: X
No:
Thanks to TTABlogger John Welch for bringing this case to my attention.
The case cite is SLB Toys USA, Inc. v. Wham-O, Inc., No. 06-1382 (C.D. Calif.).