Legal Opinion
Ty, Inc. v. Publications International, Ltd.
District Court, N.D. Illinois
Decided January 24, 2000No. 99 C 5565PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
ZAGEL, District Judge.
Ty, Inc. makes Beanie Babies® which have been, to my perception, extraordinarily popular toys both in terms of the sheer number (over a billion) of them which have been distributed and the very number, of years (at least five) that they have been prominent in the marketplace. 1
The defendants do not make rival products — plush toys; they make books about Beanie Babies®. Ty has designed and sold over 200 different Beanie Babies®. New ones are issued periodically and older ones are retired; that is to say, Ty stops making additional toys of a…
2Cases cited26 opinions
- Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
- Time, Inc. v. HillSupreme Court of the United States · 1967
- Campbell v. Acuff-Rose Music, Inc.Supreme Court of the United States · 1994
- San Francisco Arts & Athletics, Inc. v. United States Olympic CommitteeSupreme Court of the United States · 1987
- Abbott Laboratories v. Mead Johnson & CompanyCourt of Appeals for the Seventh Circuit · 1992
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3Cited by3 opinions
- Flentye v. KathreinDistrict Court, N.D. Illinois · 2007
- CRC PRESS, LLC v. Wolfram Research, Inc.District Court, C.D. Illinois · 2000
- Celebration International, Inc. v. Chosun International, Inc.District Court, S.D. Indiana · 2002