Tag Archives: lawsuit

Emily Shane Family Files Claim Against County, State

Did you see this congregation of reporters in Malibu yesterday? Our fearless leader the Queen, invited members of the media out for an announcement from the family of Emily Shane, the teenager who was struck and killed earlier this year on PCH.

CBS, NBC, KTLA, KCAL and FOX, the LA Times, LA Daily News, Malibu papers, Ventura Star and local radio KFI were among the media who covered and promoted the event. The parents said they have filed claims against the state and county citing a lack of safety on the highway (the attorney for the family expects the claims to be rejected, paving the way for civil lawsuits. BTW, any money secured from said lawsuits would be donated to the Emily Shane Foundation).

That lack of safety on PCH (multiple deaths in 2010 alone) has been a big concern for the city as local residents and grassroots organizations such as “A Safer PCH” strive to achieve and implement solutions for making the stretch of road safe for drivers, bicyclists and pedestrians.

Just down PCH, a battle is brewing over Malibu Lagoon. The plans are to bring in bulldozers next spring to excavate and grade 88,700 cubic yards of mud and wetland habitat.

In addition, contractors will dewater (drain) the entire lagoon west of the creek channel to transform the site from a series of marshy islands into an area with a rock-defined, hard-edged channel. Bummer. What will happen to all the plants and animals, not to mention removing shelter and food sources for those not killed or otherwise harmed?

We’ll be keeping an eye on this one… visit http://www.savemalibulagoon.com for more information.

-Dan TWW

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Jury Trial Date Set for YooHoo & Friends Copyright Case

We don’t like lawsuits…and unfortunately Aurora is in a heated battle to protect the identity of its top selling brand YooHoo & Friends. Ty, who most people know because of Beanie Babies, is the alleged culprit, releasing a line called Beanie Boos, which oddly enough resemble Aurora’s YH&F. Not cool Ty! Dan snapped these photos in an L.A. Aahs location:

Beanie Boos at Aahs with YooHoos on the same rack.

Confusing for the customer at retail…and then check out the logo and photo comparisons:

even the BB logo is strikingly similar to the original logo for YH&F

Here’s the info from the press release:

PICO RIVERA, Calif.–(BUSINESS WIRE)–Aurora World, Inc., a toy and gift manufacturer that filed a federal copyright lawsuit against competitor Ty, Inc. alleging that Ty’s Beanie Boos™ infringe on YooHoo & Friends™, has announced that the court has set January 18, 2011 as the trial date in that lawsuit (a photo comparing the two product lines is availablehere). A pretrial conference is scheduled to take place on December 20, 2010.

It’s a story of David vs. Goliath in the making and we will be keeping a very close eye on this one.

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Aurora Files Lawsuit Targeting Beanie Baby Maker Ty, Inc.

We can see the headlines now… “Boo Humbug!!”

Aurora World, Inc., one of the world’s leading plush toy and gift manufacturers, today announced that it has filed a lawsuit in federal court against Ty, Inc. for copyright infringement and four other violations in regards to Aurora’s best selling plush line, YooHoo & Friends™. In the lawsuit, Aurora alleges that Ty’s Beanie Boos™ plush line infringes on YooHoo & Friends™.  The lawsuit also alleges claims against Ty based on violations of the Lanham Act and California Business and Professions Code, as well as common law misappropriation and unfair competition.

Aurora’s law firm, Greenberg Traurig, LLP, has filed a motion for a preliminary injunction to be heard on December 14th in the United States District Court for the Central District of California.  A jury trial has been demanded.

Aurora’s YooHoo & Friends™ were created and based from endangered animals to help educate children and collectors about endangered species and their natural habitats. Aurora officially introduced the fluffy, big-eyed and whimsical plush animals in the United States around July of 2006. Since then, the line has expanded to include various sizes and themes, with more than 50 SKUs available at retail heading into 2010.

Aurora’s papers in support of its motion for a preliminary injunction include images comparing certain YooHoo & Friends™ characters with Beanie Boos™ characters and argue that the Beanie Boos™ are strikingly similar imitations of the YooHoo & Friends™ characters (see image).

Based on these similarities, Aurora contends that “Ty’s unlawful imitations of the YooHoo & Friends products and blatant infringement are damaging Aurora, not only by causing actual confusion and likelihood of confusion in the marketplace…but also by diminishing the value of the YooHoo & Friends products by diluting their distinct and unique nature and erroneously associating them with Ty rather than Aurora.”

Aurora created what is now one of the nation’s best selling plush lines – YooHoo & Friends™ – and its corresponding free, interactive web site (www.yoohoofriends.com), appealing to young children and tweens alike.

Check back for updates on what could be one of the biggest lawsuits in toy industry history.

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