1st of all, this answers.com response was taken from a business intelligence website, so its not only old, it incorrect as Estes today is known as Estes-Cox Corp.

2ndly, as far as the lawsuit is concerned, ToyBiz sued the then Centuri Corporation for " for antitrust violations, copyright infringement, trademark infringement and unfair competition. In its complaint, Toy Biz alleges that Centuri committed a number of illegal acts to eliminate Toy Biz as a competitor in the small hobby flying
model rocket market. Toy Biz also alleges that Centuri is using Toy Biz's "READY TO FLY"(1) trademark on its rockets and has copied Toy Biz's copyrighted artwork.

Prior to commencing this action, on August 8, 1997, Toy Biz had filed an identical action against Centuri in the Eastern District of Pennsylvania, which action has been voluntarily dismissed.(2)

On September 18, 1997, after Toy Biz filed this action, Centuri commenced a patent infringement and tortious interference with contract action against Toy Biz in the District of Colorado (the "Colorado action") captioned Centuri Corp. v. Toy Biz, Inc., C.A. No. 97-S-2020. In the Colorado action, Centuri claims that Toy Biz's Quest Aerospace model rockets allegedly infringe patents held by Centuri and that Toy Biz tortiously interfered with Centuri's contract with its engine tube supplier. Toy Biz asserted counterclaims in the Colorado action that are the same as the claims it brought in the New York action.


Both cases involve the sale of certain small hobby model flying rockets. Indeed, Centuri recognized this when it stated in its Memorandum of Law in Support of its Motion to Transfer that both actions "involve the same witnesses and parties and arise out of the manufacturing and distribution of Centuri's `Goldstrike' model rockets and Toy Biz's Quest Aerospace model rockets."


Notes:
1. Plaintiff's "READY TO FLY" trademark was rejected by the United States Patent and Trademark Office, although this matter is not final and is still pending.

2.2. On August 29, 1997, the same day that Toy Biz filed this lawsuit, Centuri answered and moved to transfer the Pennsylvania lawsuit to the District of Colorado. Toy Biz then cross-moved to dismiss the Pennsylvania case without prejudice. Toy Biz's cross-motion was granted on October 2, 1997.

terry dean

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"Old Rocketeer's don't die; they just go OOP".....unless you 3D print them.

Almost all the R/C airplane manufactures and distributors use "Ready to Fly" and RTF designations. I don't see them getting anywhere with it, especially after it already being rejected once. Never can tell, though.

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I love sanding.

I guess that I must have touched a raw nerve there.

An innocent question, and an honest mistake. Sorry that I so ruined your day.

Mark \\.

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SAM # 0011