30 August 2018Trademarks

Mattel drives ‘Power Wheels’ trademark infringer to court

Mattel has accused a Chinese company of infringing and diluting its famous ‘Power Wheels’ trademark.

The American toy producer filed its complaint at the US District Court for the Southern District of New York yesterday, August 29.

Fisher-Price, a subsidiary of Mattel, makes and sells the Power Wheels brand of ride-on toy cars for children. The Power Wheels brand name dates back to 1984.

Mattel has a number of trademark registrations for the brand, including ‘Power Wheels’ (number 1,374,017), which was registered in 1985 for international class 28, covering children’s ride-on toy vehicles.

Mattel alleged that Chinese company Uenjoy and its “alter ego” Wang Xiaowei, a resident of China, have been using the ‘Power Wheels’ mark to advertise non-Mattel ride-on toy vehicles via e-commerce platforms.

“The general public recognises the ‘Power Wheels’ mark as indicating Mattel as the source of the products,” the suit said.

Mattel claimed that Uenjoy’s use of the ‘Power Wheels’ mark is diluting the distinctive quality of its brand and that this use in connection with the sale of ride-on toy vehicles is “identical” to its own.

Uenjoy’s trademark use is “intentional and wilful” given the fame of the marks, Mattel claimed. It added that Uenjoy is deceiving purchasers over the affiliation of Mattel with the non-Mattel products.

The toy producer said it has suffered and will continue to suffer damage to its reputation and goodwill until Uenjoy and Xiaowei stop the infringing conduct.

Mattel has asked the court for injunctive and monetary relief, including Uenjoy’s profits from the infringing acts, triple damages for wilful infringement, and attorneys’ fees.

The toy producer added that Uenjoy’s intentional use of a counterfeit mark entitles Mattel to up to $2 million in statutory damages.

Uenjoy’s Power Wheels products are currently available to buy from Amazon for $227.99 and Walmart for $209.99. Both retailers, neither of which were named in the suit or accused of involvement, have been contacted for comment.

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