Ideal Toy Corp. v. Newman Premier Corp.

The defendants in this action move to stay it upon the ground that a patent infringement action between the same parties and involving the same product is pending in the United States District Court for the Eastern District of New York, and that the subject matter of this action has been covered by patents and copyrights. The defendants also move for summary judgment dismissing the complaint upon the ground that by securing patent and copyright protection the plaintiffs are barred from obtaining any relief based upon alleged common-law unfair competition.

The instant action was commenced in…