Efs Marketing, Inc., Plaintiff-Appellee-Cross-Appellant v. Russ Berrie & Company, Inc., and Russell Berrie, Defendants-Appellants-Cross-Appellees

VAN GRAAFEILAND, Circuit Judge:

This litigation arose out of a dispute between competing merchandisers of troll dolls. In a complaint filed in the United States District Court for the Southern District of New York on August 15, 1991, EFS Marketing, Inc. (EFS) sought monetary damages and injunctive relief from Russ Berrie & Co. and its Chief Executive Officer, Russell Ber-rie (collectively Berrie). The complaint contained four causes of action. The first alleged an infringement of EFS’s dolls’ trade dress and false designation of origin in violation of section 43(a) of the Lanham Act, 15 U.S.C.…