WizKids/NECA, LLC Wins One Against Tree House Kids, Inc.
National Entertainment Collectibles Association Inc. (NECA) has announced the entry of a Consent Permanent Injunction in a trademark infringement lawsuit against Tree House Kids, Inc. The lawsuit is over Tree House’s use of “Heroics” for their sale of miniature super hero figures. NECA thinks this infringes on Wizkids’ rights to the “Heroclix” trademark.
On August 8, 2012, the U.S. District Court for the District of New Jersey issued the Consent Permanent Injunction against Tree House Kids, permanently prohibiting Tree House Kids from, among other things, making, using, distributing, selling, displaying, manufacturing, advertising or promoting, products, product packaging, or labeling that use, incorporate or display the trademarks Heroclix or Heroics, or any other trademarks likely to cause confusion with the Heroclix trademark.
The lawsuit, in which WizKids seeks damages, including profits and attorneys fees, arising from Tree House’s alleged infringement of the Heroclix trademark, is ongoing.