BATTLE OF THE ANTENNA BALLS
San Carlos, CA -- (MINDSET NETWIRE) -- November 29, 2000 -- Coolballs.com-DDS, Co., a division of Self Reliant Systems, Inc. has filed a lawsuit against Wally Balls, L.L.C., Jason Wall, and IN-Concept, Inc. The amended complaint alleges copyright infringement, false designation of origin and unfair competition relating to Coolballs'(R) proprietary antennae ball designs. Antennae balls are round, lightweight decorations designed to be affixed to the top of a typical antennae on a vehicle.
An amended complaint was filed October 19, 2000. According to the complaint, Lisa Keren Mentz Sievers, the owner of Coolballs.com-DDS, Co. created several antennae ball designs, including a smiling sun with sunglasses and rays, referred to as the "COOL SUN," a fanciful die with curved corners and large spots, a fanciful golf ball and a fanciful tennis ball. Coolballs(R) applied for and was issued copyright registration number VAu 457-838 for the "COOL SUN" Design. The amended complaint also alleges that Coolballs(R) has developed "trade dress" rights in its antennae ball designs by virtue of the widespread consumer recognition.
The complaint alleges that Wally Balls and Jason Wall have copied, reproduced and sold antennae balls that are virtually identical to Coolballs(R) designs, including a smiling sun with sunglasses, a dice cube, a golf and a tennis ball. The amended complaint also alleges that Wally Balls copied Coolballs'(R) designs and falsely stated that it was the creator of Coolballs(R) products, and that IN-Concept, Inc. is advertising and selling the accused infringing antenna balls. In the complaint, Coolballs(R) seeks to enjoin Wally Balls, Jason Wall and IN-Concept, Inc. from further copying, distributing, displaying, and selling infringing antennae balls. Coolballs(R) seeks trebled statutory damages and/or profits of Wally Balls, and IN-Concept, Inc. as well as exemplary damages, costs, expenses and attorneys fees.
In Wally Balls' answer to the amended complaint, Wally Balls, Jason Wall and IN-Concept, Inc. have counterclaimed, seeking declaratory judgment and damages including costs, expenses and attorneys fees.
ABOUT COOLBALLS.COM
Coolballs.com designs, manufactures, and sells a wide range of durable foam antenna balls and pencil toppers. They have a number of proprietary designs, all of which are 3-Dimensional and include the distinction of sporting sunglasses. Copyrighted designs include the flagship Coolball, Cool Cowgirl, Cool Cowboy and Cool California Sunshine and many more.
Coolballs.com was founded in May 1999 by Lisa Sievers and operates in San Carlos, CA. The Coolball line of products can be ordered directly from the website at www.coolballs.com or purchased at numerous retail outlets throughout the United States.
Coolballs.com
1(888)232-9111
# # #
