Legal Opinion
JCW Investments, Inc. v. Novelty, Inc.
District Court, N.D. Illinois
Decided September 20, 2002No. 02 C 4950PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
GETTLEMAN, District Judge.
If imitation is the highest form of flattery, can flatulence be far behind? Plaintiff JCW Investments (“Tekky Toys”) filed this suit for injunctive and monetary relief against defendant Novelty, Inc. (“Novelty”), alleging that defendant’s farting doll infringes its copyright in violation of 17 U.S.C. §§ 106, 501. Plaintiff also asserts claims of unfair competition in violation of the Lanham Act under 15 U.S.C. § 1125, violation of the Illinois Uniform Deceptive Trade Practices Act, and common law unfair competition. Plaintiff has moved for…
2Cases cited13 opinions
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
- Mazer v. SteinSupreme Court of the United States · 1954
- Abbott Laboratories v. Mead Johnson & CompanyCourt of Appeals for the Seventh Circuit · 1992
- Peter Pan Fabrics, Inc. And Henry Glass & Co. v. Martin Weiner Corp.Court of Appeals for the Second Circuit · 1960
- Turoso v. Cleveland Municipal CourtSupreme Court of the United States · 1982
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3Cited by4 opinions
- JCW Investments, Inc. v. Novelty, Inc.District Court, N.D. Illinois · 2003
- Incredible Technologies, Inc. v. Virtual Technologies, Inc.District Court, N.D. Illinois · 2003
- Spinmaster, Ltd. v. OVERBREAK LLCDistrict Court, N.D. Illinois · 2005
- JCW INVESTMENTS, INC. v. Novelty, Inc.District Court, N.D. Illinois · 2005