Zobmondo Entertainment has filed suit against the firm for false advertising.
Zobmondo alleges in its complaint that Imagination’s marketing of its 2009 board game Justin and Dave’s Original Would You Rather...? Board Game, falsely and deceptively conveys to consumers that its version is the original, and falsely implies that Zobmondo’s board game was not the original.
In its lawsuit, the firm is seeking damages and an injunction.
Zobmondo’s attorney, Lawrence Iser commented: “The law is clear that because the game currently being marketed by Imagination is not the first game of the general type to have been sold in the United States, nor is it the original game sold by Zobmondo in 1998, Imagination is not entitled to market its game by using the word original.
“We look forward to quickly obtaining an injunction prohibiting Imagination from using the word original in this context.”
Zobmondo president, Randy Horn, commented: “I created the first Zobmondo Would You Rather...? game when I was in business school. Imagination’s game is not the original Would You Rather...? game, and this has resulted in confusion within the board game community.
“Zobmondo has filed suit not only to put a stop to the confusion over Zobmondo’s original Would You Rather...? game, but also to do its part to help protect our industry from the proliferation of confusingly similar products.”