TORONTO, Sept. 26, 2019 /PRNewswire/ - Spin Master Corp.
(TSX:TOY; www.spinmaster.com), a leading children's
entertainment company announced today that it has prevailed in a
lawsuit alleging that its preschool animated series, Rusty
Rivets, infringed the copyrights of the alleged owner of a 20
year old comic book. The series, now in its third season, was
independently created and developed by Spin Master and airs on
Viacom's Nick Jr. channel.
The District Court for the Central District of California ruled in favor of Spin Master and
Viacom in a summary judgment order issued September 17, finding that there was insufficient
evidence to proceed to trial on the plaintiff's claim that the
series took elements from his 1990's comic books. Spin Master
successfully proved that it created the show independently of the
plaintiff's comic books. As the court explained: "Plaintiff's
evidence of access falls short of supporting even a 'bare
possibility,' let alone a 'reasonable possibility' that Defendants
had access to his comic[s]."
"Spin Master invests in developing award-winning, creative and
innovative entertainment properties and toys for global audiences,"
said Ben Gadbois, Global President.
"We are pleased with the court's ruling, demonstrating that these
allegations were false and unfounded. Spin Master is committed to
protecting its intellectual property and will continue to defend
our rights where necessary."
The court also recognized that the two works were not at all
similar in protectable expression: "the alleged similarities,
whether assessed individually or collectively, are not
substantially or strikingly similar." The decision also
dismissed claims against Viacom and its subsidiary Nickelodeon for
contributory and vicarious copyright infringement.
About Spin Master
Spin Master (TSX:TOY;
www.spinmaster.com) is a leading global children's entertainment
company that creates, designs, manufactures, licenses and markets a
diversified portfolio of innovative toys, games, products and
entertainment properties. Spin Master is best known for
award-winning brands including Zoomer®, Bakugan®, Erector® by
Meccano®, Hatchimals®, Air Hogs® and PAW Patrol®. Since 2000, Spin
Master has received 103 TIA Toy of The Year (TOTY) nominations with
30 wins across a variety of product categories, including 13 TOTY
nominations for Innovative Toy of the Year. To date, Spin
Master has produced nine television series, including the
relaunched Bakugan: Battle Planet and current hit PAW Patrol, which
is broadcast in over 160 countries and territories globally.
Spin Master employs over 1,800 people in countries around the world
including Canada, United States, Mexico, France, Italy, United
Kingdom, Russia,
Slovakia, Poland, Germany, Sweden, the
Netherlands, China,
Hong Kong, Japan, Vietnam and Australia.
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SOURCE Spin Master