In an Associated Press article that has appeared in several papers.... Ty, the Westmont, Illinois-based manufacturer and distributor of Beanie Babies, hit Tropicana hotel-casino operator Aztar Corp. with a copyright infringement lawsuit filed in a Las Vegas Federal Court.
At issue are the "Beanie Babies Giveaway Slots", a slot promotion at the Tropicana that gives away the wildly popular plush toys in exchange for slot play. "Mixing its product with slots", Ty caims, "has tarnished or is likely to tarnish (Ty's) famous trademarks."
Ty is demanding all profits the Tropicana has derived from the slot promotion, plus an unspecified amount of damage from Phoenix-based Aztar.
Photo exhibits included with the Ty lawsuit show a colorfull sign over a bank of slots. The colorful "Giveaway" sign prominently featuires depictions of four Beanie Babies, plus Ty's distinctive heart trademark. After receiving "40 tickets", a player is entitled to receive one Beanie Baby. Across the bottom, in much smaller print, is the Topicana's disclaimer; "The Tropicana Hotel-Casino is not affiliated with Ty Corp."
In it's lawsuit, Ty said it wasn't asked for permission to run the promotion, but says anyone looking at the slots or the billboard would assume it had Ty's blessing.
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