Toronto, Canada-based toyco Spin Master has filed civil lawsuits against two Chinese manufacturers, Shantou Chenghai Hui Ying Toy Factory and Shantou Chenghai Hua Cai Ke Yi Industry and Trade Co., Ltd.
The two lawsuits filed with the Shantou Intermediate People’s Court seek to recover damages and prevent Hui Ying and Hua Cai from the further manufacturing of what Spin Master alleges are knock-offs of its popular Flutterbye Flying Fairy, a flying doll that is controllable in the air with the palm of your hand.
Flutterbye Flying Fairy has garnered numerous awards and accolades, including two Toy of the Year nominations from the Toy Industry Association. The lawsuits claim infringement of both Spin Master’s registered copyright and utility model patent. The alleged counterfeits are sold under the names, “Beautiful Flying Fairy”/”BaoNiu Flying Fairy” and “Flower Fairy”.
To curb the infringement and illegal exportation of products that copy Flutterbye Flying Fairy, Spin Master has taken a series of measures, including online monitoring and administrative enforcement. To date, Spin Master has been successful in shutting down more than 100 websites that were attempting to capitalize on the success of Flutterbye Flying Fairy by selling knock-off products into the global marketplace over the internet.
Many of these websites were found to be selling product manufactured by the defendants in the lawsuits, Hui Ying and Hua Cai.