"Would You Rather...?" Litigation Update

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Last May, I reported on a Ninth Circuit Court of Appeals decision opining on the descriptiveness of the "Would You Rather...?" trademark registration. Subsequent to the Ninth Circuit's decision, the case returned to the United States District Court for the Central District of California and is now styled Spin Master, Ltd. v. Zobmondo Entertainment, LLC. (Falls Media was the named party in the Ninth Circuit case, and evidently the predecessor to Spin Master.)

By way of brief recap, Spin Master owns U.S. Trademark Registration No. 2970830 for the mark WOULD YOU RATHER...? for use in connection with books and games, among other things. They sued (rather, their predecessor sued) Zobmondo for trademark infringement, and Zobmondo counterclaimed to cancel Spin Master's registration based upon fraud on the Trademark Office. (If I recall correctly, Zobmondo actually sued first for declaratory judgment, but Spin Master is currently identified as the plaintiff, and is the natural plaintiff in any event.)

Please see full article below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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