Wham-O holds two registered color trademarks for its water slides. The primary registration is Reg. 1,432,069 (the mark is the single color Yellow applied to the entire surface of the water slide). The other registration is Reg. 2,924,744 (the mark consists of the color yellow applied to the entire horizontal surface of water slides and the color blue applied to the entire surface of the bumpers for the water slides).
The jury found ToyQuest liable for willful infringement, intentional false advertising, and willful dilution of Wham-O’s trademark yellow water slides and awarded Wham-O $6 million in damages. Wham-O’s proclaimed the verdict as a major victory in the company’s ongoing efforts to prevent others from using its federally registered trademarks to deceive consumers into thinking they are purchasing original WHAM-O products.
The battle between these two companies has apparently been going on for at least a year-and-a-half regarding Wham-O’s Slip 'N Slide and ToyQuest’s BanzaiFalls water slides.
Wham-O's Yellow and Blue Slip 'N Slide
While the verdict may appear to be a defeat for ToyQuest, the company had an announcement (link here) of its own and actually claimed victory for having defeated Wham-O’s attempt to prevent ToyQuest from using the name “Wave Rider” on any products. In addition, ToyQuest was found not to have infringed Wham-O’s yellow-and-blue water slide registered trademark. ToyQuest officials also said the company plans to appeal the verdict over the issue of trademark rights to the color Yellow.