Wham-O Seeks To Protect 'Hula Hoop,' 'Frisbee' Marks

Law360 (August 21, 2009, 4:17 PM EDT) -- Toy maker Wham-O Inc. wants a federal appeals court to overturn a judge's decision to toss a declaratory judgment suit in which Wham-O asked the court to declare that its "Slip 'N Slide," "Hula Hoop" and "Frisbee" trademarks had not become generic.

Wham-O filed its notice of appeal in the U.S. District Court for the Central District of California Aug. 20, following Judge Consuelo B. Marshall's Aug. 13 order granting Manley Toys Ltd.'s and AW Computer Holdings LLC's bids to dismiss Wham-O's declaratory judgment suit with prejudice.

The defendants argued that there was no federal subject matter jurisdiction over the complaint....

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