Lutzker & Lutzker has filed suit in federal district court in Maryland against Sears Holdings Corporation, Sears, Roebuck and Company and Kmart Corporation on behalf of D&L Company, creators of the award-winning STOMP ROCKET® toy. The suit alleges that the Sears parties distributed and sold a children’s air rocket toy under the Banzai toy line called the STOMP ROCKET in violation of federal and state trademark law and state unfair competition and unfair trade practices law. Among other things, D&L claims that the actions of the Sears parties constitute trademark counterfeiting in violation of the Lanham Act.
Lutzker & Lutzker has also filed, on behalf of D & L Company, amended complaints in its action in federal district court in Maryland against Toys “R” Us. The amended complaints allege that, since the commencement of the litigation, Toys “R” Us committed additional acts of infringement by marketing the ZOMP ROCKETZ air rocket toy, certain air rocket toys marketed under its exclusive “Air Zone” line, and a rocket toy called the AIR HOGS STOMP-RED HELI BLASTER. The Court has allowed Toys “R” Us to bring into the suit its manufacturer, Manley Toys, Ltd., and the case is awaiting service of that complaint. Lutzker & Lutzker is also opposing at the Patent & Trademark Office an application to register ZOMP ROCKETZ as a federal trademark.