The lawsuit alleges that the Defendants' promotion and sale of Starfly is "a deliberate and unlawful exploitation of Spin Master's success with its bestselling toy Flutterbye Flying Fairy. The Defendants did not independently create their own original product but conspired to manufacture a similar flying fairy toy (called 'Starfly'). Starfly is substantially similar in appearance, color, shape, packaging, and marketing activities to Spin Master's copyrighted flying fairy toy." In addition to copyright infringement, the lawsuit also claims that the Defendants used false designation of origin, trade dress infringement, and unfair competition, seeking damages and other forms of relief.
Flutterbye Flying Fairy has gained worldwide popularity, receiving numerous awards and honors, including two Toy of the Year nominations from the Toy Industry Association. While the Flutterbye® fairy toy line has achieved success, Spin Master has also had to confront the issue of counterfeits around the world. In recent weeks, Spin Master has filed lawsuits against two companies in China regarding counterfeits to protect its rights. Spin Master's General Counsel Chris Harrs stated: "Spin Master actively protects its brand and products, and the actions we are taking today are part of Spin Master's plan to hold accountable those companies that infringe our intellectual property for their own benefit."
Ben Gadbois, Global President and COO of Spin Master, said: "Spin Master welcomes fair competition and innovation, but unfortunately, the Defendants have chosen to take shortcuts, and the flying fairy toys they manufacture and sell closely imitate our Flutterbye products in appearance, packaging, and promotional methods. Spin Master has invested significant resources in the development and promotion of Flutterbye Flying Fairy, which has achieved tremendous success. Our achievements are being unfairly exploited, which harms our interests, those of our distributors, and consumers."
