Court Rules Against Koolatron, Infringer of Homeland Housewares' Magic Bullet(R) Blender Trade Dress

Market Wire, May, 2005

In an action brought by Homeland Housewares, owner of the Magic Bullet, the United States District Court for the Central District of California has found that Canadian-based Internet retailer Koolatron Corporation, acted in concert with co-infringer Leena, Inc., doing business as WonderfulBuys.com and YouCanSave.com. The Court found that the MAGIC BULLET's trade dress of a round-shaped top was not merely functional, and thus enforceable against Koolatron. Despite Koolatron's claim that the Court had no jurisdiction over their business outside the United States the court found that Koolatron's actions outside the United States are subject to the Court's injunction as the preliminary injunction was "intended to restrain the persons over which the Court has personal jurisdiction."

LENNY SANDS, managing partner of Homeland Housewares, has reported that his company has invested more than $30 million developing and marketing its unique MAGIC BULLET personal blender. As sales boomed, Homeland Housewares received complaints from customers who ordered MAGIC BULLET blenders from WonderfulBuys.com and YouCanSave.com, but instead received a "knock-off" product called the MIRACLE BULLET, now known as the MIRACLE BLENDER. Homeland Housewares immediately petitioned the Court for an order restraining the infringer, which was issued in December 2004.

Homeland Housewares attorneys, Cislo & Thomas, LLP, originally filed suit November 29, 2004, in Federal District Court in California and obtained both a restraining order and the preliminary injunction. The preliminary injunction prohibits the infringers from using the Miracle Bullet mark or otherwise infringing the Homeland Housewares MAGIC BULLET trademark or trade dress. Koolatron unsuccessfully sought to be excluded from the injunction for its new blender design and its Canadian activities.

Speaking on behalf of Homeland Housewares, Attorney Dan Cislo says Homeland Housewares in addition to now pursuing monetary damages against Koolatron and Leena will also continue to aggressively pursue legal action against all infringers, in the United States and abroad who misappropriate the MAGIC BULLET blender's unique appearance.

FOR MORE INFORMATION, CONTACT: Colin Sapire Homeland Housewares LLC (310) 478-0700 (phone) (310) 478-0800 (fax)