Tonka Corporation v. Tonk-A-Phone, Inc., Robert Albertson, D/B/A Tonka Tools, Inc.

Tonk-A-Phone, Inc., Tonka Tools, Inc. and Robert V. Albertson (hereafter appellants or Tonk-A-Phone) appeal from final judgment entered against them by the District Court 1 for the District of Minnesota in an action brought by Tonka Corporation (hereafter Tonka Toys) for trademark infringement. Tonka Toys claimed that appellants’ use of the name “Tonk-A-Phone” on pay telephones and their use of the “Tonka” mark was so similar to Tonka Toys’ registered “Tonka” trademark that it was likely to cause confusion, deception and mistake as to the origin of Tonk-A-Phone products. Tonka Toys also…