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IDEAL TOY CORPORATION v. FAB-LU LTD.

No. 64 Civ. 3112.

266 F.Supp. 755 (1964)

IDEAL TOY CORPORATION, Plaintiff, v. FAB-LU LTD. (Inc.) and David Faber, Defendants.

United States District Court S. D. New York.

On Reargument March 17, 1965.

Attorney(s) appearing for the Case

Amster & Rothstein, New York City, for plaintiff (Morton Amster and Jesse Rothstein, New York City, of counsel).

Hubbell, Cohen, Stiefel & Fiddler, New York City, for defendants (Robert W. Fiddler, New York City, of counsel).

MEMORANDUM

MacMAHON, District Judge.

Plaintiff seeks a preliminary injunction restraining defendants from selling their "Randy" and "Mary Lou" dolls. It is claimed (1) that defendants' dolls infringe plaintiff's copyrighted "Tammy" and "Pepper" dolls under 17 U.S.C. § 101, and (2) that defendants are using reproductions of plaintiff's "Tammy" doll in advertising their "Randy" doll, in violation of Section...

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