Zobmondo had requested the 'full bench' reconsiders the appellate court’s ruling in Imagination’s favour. In denying Zobmondo’s petition, no judge on the Ninth Circuit voted in favour of a rehearing.
This paves the way for Imagination to continue with its trademark infringement claims against Zobmondo over its use of Imagination’s Would You Rather trademarks.
Imagination CEO, Shane Yeend, said “Imagination is the owner of the only Would You Rather...? registered trademarks at the United States Patent and Trademark Office.
"Imagination acquired these rights from the authors and inventors of our Would You Rather...? content, Justin & David.
"Randy Horn, owner of Zobmondo, approached Justin & David and tried to acquire the Would You Rather...? trademark, and when they declined to sell it to him, he took it for his own.
"Now, a jury will decide Imagination’s trademark infringement claims against Zobmondo and whether Zobmondo must stop selling its Would You Rather...? products and pay damages and royalties to Imagination."