WHAM-O(R), Inc. Asserts Trademark Rights Against ToyQuest's Claims and Files Counterclaims for Trademark Infringement, Dilution and Unfair Competition; ToyQuest's Trade Dress Infringement Suit Against WHAM-O Is Vigorously Denied and Labeled Unmerited.

EMERYVILLE, Calif. -- WHAM-O, Inc., an international branded consumer products company with a diversified portfolio of innovative toys, sporting goods and recreational products, vigorously denied today ToyQuest's claims that WHAM-O has poached ToyQuest's products and has sold knock-off waterslides. Wham-O has filed a countersuit claiming infringement on WHAM-O's federally registered trademarks.

In February 2006, WHAM-O discovered that ToyQuest was marketing and selling a new line of water slide products, Banzai Falls, that WHAM-O maintained used WHAM-O's federally-registered trademarks for the colors yellow and blue on water slides. Additionally, ToyQuest was also marketing a separate water slide whose packaging depicted a yellow water slide, when in fact, the slide was orange, a particular infringement since ToyQuest had assured WHAM-O in 2005, that it would not use the color yellow on water slides depicted on any future packaging.

Subsequently, WHAM-O immediately sent a cease-and-desist letter to ToyQuest, demanding that it cease infringing on WHAM-O's trademarks. ToyQuest responded in March 2006, by filing a pre-emptive lawsuit in federal court in Los Angeles, claiming that WHAM-O was infringing on ToyQuest's trademarks and trade dress.

"ToyQuest owns no registered trademarks in the U.S. or elsewhere for yellow and blue color marks on waterslides, including its Banzai Falls slides," said Mojde Esfandiari, WHAM-O's President. "WHAM-O, on the other hand, does own the color trademarks for its Slip 'N Slide(R), which the company and its predecessors have marketed and sold since 1961. ToyQuest's recently filed suit appears to be a desperate and ill-advised attempt to undermine and damage WHAM-O's business."

Adds Ms. Esfandiari, "Anyone with any understanding of the history of WHAM-O's dispute with ToyQuest will understand that ToyQuest's supposed claim against WHAM-O appears to have been asserted as a cynical 'best defense is a good offense' gambit, and that WHAM-O's claims against ToyQuest are the key ones in the pending suit. There is no question that WHAM-O will prevail in the counterclaims against ToyQuest."

WHAM-O's yellow water slide has become an instantly recognizable iconic symbol of summer fun in hot weather, and is famous to both children and adults. Its water slide mark has attained incontestable status.

About WHAM-O

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).