SANTA ANA, Calif. (CN) - A moviemaker for homosexuals has sued a dildo-maker, alleging trademark infringement and unfair competition on the "Black Balled" name.
Rascal Video sued WSM Investment dba Topco Sales, in Federal Court.
Rascal describes itself as a producer and distributor of "original adult entertainment for a gay male audience, including the well-known series 'Chi Chi Larue's Black Balled.'"
WSM/Topco makes and distributes "adult novelty products and sexual aids," according to the lawsuit.
Rascal claims it had a licensing agreement with now-defunct Vast Resources, which did business as Topco Sales, or "Old Topco." That licensing agreement included the gizmo at issue here.
Old Topco apparently went bankrupt and under an assignment for the benefit of creditors, the assignee sold all of the assets of Old Topco to New Topco, "including products in inventory and molds for products to be distributed under the Rascal Marks (including the molds for the Black Balled dildo)," according to the complaint.
New Topco claimed the right to make and distribute "goods under the Rascal marks," but Rascal disagreed and sued. They settled in February 2013.
"In the Settlement Agreement, WSM represented that it had provided Rascal with a detailed inventory of all Rascal products in its inventory (the 'Products'), and all molds in its inventory used to manufacture such Products (the 'Molds'), and agreed to transfer all Products and Molds to Rascal," the complaint states.
"WSM's representation was false. WSM did not list on the inventory, and did not return to Rascal, the mold(s) for Rascal's Black Balled dildo.
"Since the Original Action was dismissed, WSM has manufactured dildos using the molds it wrongfully retained, in particular the mold for Rascal's Black Balled product. WSM has, without authorization, distributed and sold the dildo made from Rascal's mold under Rascal's Black Balled mark. The packaging for WSM's spurious Black Balled product directly copies the logo from Rascal's authentic Black Balled packaging."
Rascal demands an accounting, an injunction, delivery of the molds and dildos, and damages for trademark infringement, breach of contract, false designation of origin and unfair competition.
It is represented by S. Christopher Winter, with Dykema Gossett.
Subscribe to Closing Arguments
Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.