Legal Opinion
Gund, Inc. v. Smile International, Inc.
District Court, E.D. New York
Decided August 22, 1988No. 88 C 2367 (EHN)PublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
NICKERSON, District Judge.
Plaintiff brought this action claiming that defendant had infringed plaintiff’s United States copyright in a stuffed plush toy dog called “Muttsy.” Plaintiff has moved for a preliminary injunction.
Plaintiff designs and manufactures stuffed toys, advertising them extensively, and selling them in so-called upscale retailers throughout the United States. Plaintiff received the copyright for Muttsy on February 14, 1986.
Muttsy is referred to by both attorneys as a floppy plush dog toy, none of its parts being very rigid. It “flops” on the floor, much…
2Cases cited11 opinions
- Mazer v. SteinSupreme Court of the United States · 1954
- Peter Pan Fabrics, Inc. And Henry Glass & Co. v. Martin Weiner Corp.Court of Appeals for the Second Circuit · 1960
- Nichols v. Universal Pictures CorporationCourt of Appeals for the Second Circuit · 1930
- Durham Industries, Inc. v. Tomy CorporationCourt of Appeals for the Second Circuit · 1980
- Edmund A. Rachel, AKA Peter Rachel, D/B/A Wildlife Interiors, Plaintiff v. Banana Republic, Inc., Fisher Development, Inc., and the Gap, Inc.Court of Appeals for the Ninth Circuit · 1987
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wildlife Express Corporation v. Carol Wright Sales, IncorporatedCourt of Appeals for the Seventh Circuit · 1994
- 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
- Lewinson v. HENRY HOLT AND CO., LLCDistrict Court, S.D. New York · 2009
- Kaplan v. Stock Market Photo Agency, Inc.District Court, S.D. New York · 2001
- Arica Institute, Inc. v. PalmerDistrict Court, S.D. New York · 1991
5 more not listed; retrieve them via the Exa API.