Knickerbocker Toy Company, Inc. v. Azrak-Hamway International, Inc.

PIERCE, Circuit Judge:

This is an appeal by plaintiff from a post-trial order of Judge Charles E. Stewart, Jr., of the Southern District of New York dismissing a complaint alleging copyright infringement and trademark violation with respect to plaintiff’s “Wrist Racers” toy. Plaintiff’s amended complaint alleged two causes of action for copyright infringement under Sections 501-505 of Title 17 of the United States Code and one cause of action for trademark violation under Section 43(a) of the Lanham Trademark Act, 15 U.S.C. § 1125(a). Jurisdiction was based on 28 U.S.C. §§ 1338, 1400.

FACTS

Since…