Rascal Sues Topco For Infringement, Unfair Competition

SANTA ANA, Calif.—Rascal Video has filed suit in federal court against WSM Investment/Topco Sales, alleging trademark infringement and unfair competition over the “Black Balled” dildo.

In the suit, Rascal claims Topco continued to make the Black Balled Dildo using molds it wrongfully retailed after a separate lawsuit was settled in February 2013.

According to court documents, Rascal Video had a licensing agreement with Vast Resources—which did business as Topco Sales, referred to as “Old Topco” in the suit—to make products with the Rascal name and that were tied in with the video series Chi Chi LaRue’s Black Balled.

Documents state that when Old Topco went bankrupt an assignee sold all of the assets to “New Topco [WSM/Topco], including products in inventory and molds for products to be distributed under the Rascal Marks (including the molds for the Black Balled dildo).”

Rascal sued to prevent WSM/Topco from manufacturing and distributing Rascal products, and the 2013 settlement ordered the manufacturer to hand over all Rascal molds to the video company.

"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.”

Rascal claims Topco has continued to make and sell the Black Balled Dildo with packaging that directly copies the logo from Rascal's authentic Black Balled packaging."

Rascal is suing for 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.

Monday, the judge in the case announced that the parties are being ordered to engage in ADR (alternative dispute resolution).

The suit was filed in federal court in Santa Ana, Calif. The complaint can be read here.