Kelly Kubasta, FBFK’s Intellectual Property practice group leader and part of a team representing client Tinnus Enterprises, recently obtained a preliminary injunction against retailer Bed Bath & Beyond and manufacturer Telebrands. This is the third preliminary injunction obtained in a series of patent infringement cases involving many of the same parties.
On June 16, 2017, U.S. District Judge Robert W. Schroeder III of the Eastern District of Texas, granted a preliminary injunction against Bed Bath & Beyond, blocking the retailer from selling the Easy Einstein water balloon product, a toy that quickly and simultaneously fills and seals multiple water balloons. While the original preliminary injunction order was sealed, the Court entered an unsealed version of such order on July 16, 2018.
FBFK client Tinnus Enterprises holds multiple patents relating to its Bunch O Balloons product, which can fill, seal, and release up to 100 water balloons in 60 seconds. Since Tinnus and ZURU (manufacturer/distributor of Bunch O Balloons) first introduced the award-winning Bunch O Balloons product, Tinnus and ZURU have been engaged in a series of patent infringement lawsuits against Telebrands and various retailers alleging infringement by Telebrands’ Balloon Bonanza, Battle Balloons, and Easy Einstein products. Over the past three years, Kelly Kubasta, along with a team of attorneys from FBFK and other law firms, has helped Tinnus to obtain preliminary injunctions against all three Telebrands products. Moreover, a jury trial in November 2017 resulted in a verdict of $12,317,500 in favor of Tinnus and ZURU after the jury determined that Telebrands and various retailers of the Battle Balloons product willfully infringed two patents owned by Tinnus. Jury trials for the Balloon Bonanza and Easy Einstein products are expected to occur in the near future.
Kelly Kubasta, recently selected to D Magazine’s “Best Lawyers” in Dallas for Intellectual Property for the sixth time, represents Tinnus Enterprises in all of the pending cases against Telebrands and its retailers. Mr. Kubasta represents clients in all aspects of intellectual property law, including patent and trademark portfolio management, licensing and monetization of IP assets, as well as enforcement and defense of patents, trademarks, and copyrights.
Ferguson Braswell Fraser Kubasta PC is a full-service business law firm located in Plano, Texas, with additional offices in Houston, Texas, and Silicon Valley, California. We focus on providing exceptional counsel and value. Our attorneys have a breadth and depth of experience covering Corporate, Mergers & Acquisitions, Real Estate, Securities, Employment Law, Intellectual Property Portfolio Management, Patent/Trademark/Trade Dress/Copyright Litigation, Commercial Real Estate, Commercial Litigation and Mediation, and Estate Planning
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