Spin Master and Silverlit Toys continue to pursue copyright infringements, this time against the Air Hogs Havoc Heli.
The joint filing is against Soft Air USA and retail chain Sports Authority for patent and copyright infringement, relating to the MicroCopter, which apparently resembles the Air Hogs Havoc Heli on the outside but doesn’t appear to feature the Protection Circuit Module, which protects the item from battery related fires. The product in question has been recalled by the US Consumer Product Safety Commission and is awaiting an investigation.
Spin Master and Sliverlit seek damages for lost profits and injury to their reputation and goodwill after many consumers confused the MicroCopter with the Air Hogs Havoc Heli at the time of the MicroCopter's recall.
Spin Master’s CEO, Anton Rabie said: 'We will continue to protect our interests in this manner and show that if our rights are infringed we will act. There are reputable sources for remote control helicopters and hopefully the trade will realise that dealing with these secondary knock-off products is a very poor choice.
“We feel it is important not just for our company, but also for our legitimate importers, distributors and the public, that we raise awareness of this problem. As creators of original product, we are constantly facing illegal knock-offs being purchased from China by retailers in North America because the knock-offs are cheaper. The product may look the same but invariably there are critical differences that consumers should be cautious of.”
The case is the second filing in the space of four months. Last October the two firms filed a lawsuit against KB Toys and Westminster to cease sales of the Thunder Wolf Mini Indoor MicroLite Helicopter. The filing claimed the product infringed designed patents.