Legal Opinion

Eden Toys, Inc. v. Marshall Field & Company

Court of Appeals for the Second Circuit

Decided March 31, 1982No. 176, Docket 81-7358PublishedCited by 87 opinions

1Opinion of the Court

VAN GRAAFEILAND, Circuit Judge:

This is an appeal from a summary judgment of the United States District Court for the Southern District of New York, Gagliardi, J., dismissing Eden Toys’ copyright infringement action. We affirm.

I

Eden Toys, Inc. is a nationally known manufacturer of stuffed, plush toys. In 1971, Eden designed and began to manufacture a stuffed toy snowman. This snowman (Snowman I) was two feet tall, had a diamond shaped body, rosy cheeks, a large hat and tattersall scarf. Eden copyrighted Snowman I in 1973. In 1978, Eden revised its snowman design, creating a smaller version…

2Cases cited11 opinions

  1. Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
  2. Mazer v. SteinSupreme Court of the United States · 1954
  3. Durham Industries, Inc. v. Tomy CorporationCourt of Appeals for the Second Circuit · 1980
  4. A. A. Hoehling v. Universal City Studios, Inc., and Michael MacDonald MooneyCourt of Appeals for the Second Circuit · 1980
  5. Rebecca Reyher and Ruth Gannett v. Children's Television Workshop and Tuesday Publications, Inc.Court of Appeals for the Second Circuit · 1976

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3Cited by87 opinions

  1. Knitwaves, Inc., Plaintiff-Appellee-Cross-Appellant v. Lollytogs Ltd. (Inc.) D/B/A French Toast, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1995
  2. Concrete MacHinery Company, Inc. v. Classic Lawn Ornaments, Inc.Court of Appeals for the First Circuit · 1988
  3. Thomas R. Lussier v. Marvin Runyon, United States Postmaster General, Thomas R. Lussier v. Marvin Runyon, United States Postmaster GeneralCourt of Appeals for the First Circuit · 1995
  4. Country Kids 'N City Slicks, Inc. v. Vicki Sheen, Bill Sheen, Ladawn Bragg, and Flake Wells, Doing Business as Carousel KidsCourt of Appeals for the Tenth Circuit · 1996
  5. Robert R. Jones Associates, Inc. v. Nino Homes, Michele Lochirco, Diebele-GinterCourt of Appeals for the Sixth Circuit · 1988

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