Different meaning of Fizzkids and Wizkids defeats infringement claim even for similar products

Wizkids/NECA, LLC v. TIII Ventures, LLC, No. 17-CV-2400 (RA), 2019 WL 1454666 (S.D.N.Y. Mar. 31, 2019)TIII sells “soda-can-themed toys, specifically, vinyl characters that are sold in packaging resembling a soda can.” The “Fizzkids” are called “Cranked Cola,” “Bone Crusher Root Beer,” “Vicious Dog Sparkling Water,” “Rummy Cola,” “Zombie Juice,” and “Alien Limeade.” NECA “is a leading provider of collectible figures, games and game equipment in the United States and abroad.” It has registered “WIZKIDS” for “game equipment, namely, miniature toy figurines and role playing equipment in the nature of game book manuals; collectible toy figurines for role playing games; and role playing games and game pieces and accessories therefore.” Some NECA figurines are licensed characters from well-known brands of comic books, television shows, movies, and video…

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