On Dec. 14, Blockbuster LLC filed a trademark infringement complaint against Toys R Us-Delaware, Inc. in the U.S. District Court for the Eastern District of Texas in Sherman.
In the complaint, Blockbuster alleges that the Toys R Us engaged in the “unauthorized use of the name and mark BLOCKBUSTER and Blockbuster’s distinctive blue-and-yellow color scheme in a manner likely to cause confusion, deception, and mistake.”
The complaint in Blockbuster LLC v. Toys R US-Delaware, Inc. alleges that Toys R Us has DVD-displaying kiosks in more than one of its retail stores in Texas and other states with the dominate blue-and-yellow color theme and the labeling “BLOCKBUSTER FAMILY FAVORITES.”
The complaint makes the specific claims of trademark infringement, unfair competition, dilution, and unjust enrichment. The complaint seeks preliminary and permanent injunctions barring Toys R Us from infringing on Blockbusters’ trademark, a declaratory judgment stating the Toys R Us has infringed on the trademark, and enhanced damages due to Toys R Us’ alleged “flagrant disregard for the rights of Blockbuster” and “actual awareness that their acts will, in reasonable probability, result in injury to Blockbuster.”
Charles Hosch, a partner in the Dallas office of Strasburger & Price, who represents Blockbuster, declined to comment immediately at press time. Kathleen Waugh, the vice president of corporate communications for Toys R Us, did not return a call. No counsel for the defendant is listed on the electronic PACER records of the case.