TOY MAKER FILES TRADEMARK INFRINGEMENT SUIT AGAINST OWNERS OF CARL'S JR.
SAN FRANCISCO, Jan. 12 /PRNewswire/ -- DoodleTop Co. of Carmel, Calif., said today it has filed a lawsuit for trademark infringement, unfair competition and related claims against Carl Karcher Enterprises Inc. (CKEI) of Anaheim, Calif. Carl Karcher Enterprises operates the fast-food chain known as Carl's Jr. The complaint was filed in United States District Court, Northern District of California, in San Francisco. The DoodleTop Co., which has successfully established its spinning-drawing toys in more than 5,000 retail specialty, gift, upscale department stores and toy shops in 24 countries, alleges in its complaint that CKEI has infringed upon the federally registered DOODLETOP trademark. Karcher's distribution of a substantially identical product under the trademark CRAZY DOODLER TOP is provided to customers as part of a children's meal promotion. The DOODLETOP toy, unlike the item featured by Carl's Jr., is manufactured in the United States using recycled plastics whenever possible. An additional difference is its use of washable colors. With each spin of the cone-shaped toy, children are inspired to create intricate three-dimensional spiral shapes in a variety of colors. The DoodleTop Co. is seeking an injunction against any further packaging, import, distribution or sales of the Carl's Jr. "CRAZY DOODLER TOP" spinning toys and from its use of any colorable imitation of the DOODLETOP trademark, as well as damages, attorney fees, and profits received by CKEI as a result of its product distribution. The original DOODLETOP toy was introduced at the 1991 New York International Toy Fair. The company received the Inc. Magazine "Socially Responsible Entrepreneur" award in 1993, and has been recognized for its "Production Partnership Program," which matches developmentally disabled employees with a non-disabled work force. The DOODLETOP toy has also received national and international recognition, including Sesame Street Parents' Guide "Top Toy" award, the National Parenting Center's "Seal of Approval" and the "Good Toy" award from Australia. -0- 1/12/94 /NOTE TO EDITORS: For more background on DoodleTop Co., or a store or source in your area, call the contact listed below./ /CONTACT: Susan Banashek of Banashek & Co., 415-989-5116, for the DoodleTop Co./
CO: DoodleTop Co.; Carl Karcher Enterprises Inc. ST: California IN: REA SU:
LW-TM -- SF007 -- 1508 01/12/94 15:53 EST
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|Date:||Jan 12, 1994|
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