Wham-O Sues Tandem Boogie over Trademark Infringement
Venable LLP recently filed a trademark lawsuit on behalf of toymaker Wham-O Holding against recently launched Boogie Board products by Tandem Boogie LLC. The lawsuit was filed in California Central District Court. The suit revolves around the act of Tandem Boogie using the word “Boogie” for their Surfing Board products. As per the records, no counsel has appeared to date for the defendant. This case is 8:21-CV-00251, Wham-O Holding, Ltd. v. Tandem Boogie, LLC. The attorney who is representing Wham-O Holding Ltd. in the court is Sarah S. Brooks.
Wham-O Inc. is an American toy company having its head office in Carson, California, United States. It is famous for manufacturing and marketing many popular toys for almost 70 years. Some of its most loved products include the Hual hoop, Frisbee, Slip ‘N Slide, Super Ball, Trac-Ball, Silly String, Hacky Sack, Wham-O Bird Ornithopter & Boogie Board. Richard Knerr and Arthur “Spud” Melin are the two main minds behind the establishment of the company. Both are the University of Southern California graduates who were friends from their teen days. Both were unhappy with their jobs and wanted to start their own business. So as a result, they formed the WHAM-O Manufacturing Company in the year 1948 in South Pasadena. Initially, they started from the Knerr family garage. Their first product was the Wham-O Slingshot which was made up of ash wood. The name “Wham-O” was inspired by the sound that is produced when the slingshot it’s the target.
On the other hand, Tandem Boogie Board was invented by John and Manya Clark. The Boogie Board product is designed in such an innovative way that anyone can enjoy water sports with a partner with them having any level of experience. So, the couple (inventors) decided to take this experience of surfing to a whole new level by inventing a buddy board. This later turned into their business. The couple along with their children are running their own company.
However, the Tandem Boogie incorporates a Clarks’ original technology whose patent is pending dealing with internal Dynamic AIR Design (DAD). This technology uses a cross-woven fibre system so as to gives each product the kind of stiffness and response it boasts. Apart from this, every bodyboard is equipped with strong yet soft, easy-to-grip handles, a built-in camera mount, and a tail design that enables users to cut through waves in an almost effortless manner. All Tandem Boogie products come with a Dual Stage Pump, a backpack, and a maintenance kit which makes everything even more convenient for their customers.
Sarah submitted, “Tandem deliberately chooses to use the term ‘Boogie’ not only for their board but also for their company which amounts to trademark infringement. They want to take undue advantage of the reputation and goodwill of Wham-O. Both companies attract the same class of customers and the trademark used by Tandem undoubtedly will cause confusion among the people regarding the Tandem’s Boogie board being an updated version of Wham-O’s Boogie Board.”
Now, everyone is looking forward to the decision of the court as that might result in changing the name of the Tandem Boogie Company. Everyone loves this new board product range from the recently launched company and since there is no injunction as of now, people can buy their products as much they want to. It would be a wise decision to go for it, of course, grab one for yours!
