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IDEAL TOY CORP. v. KENNER PRODUCTS, ETC.

No. 77 Civ. 4375 (CHT).

443 F.Supp. 291 (1977)

IDEAL TOY CORPORATION, Plaintiff, v. KENNER PRODUCTS DIVISION OF GENERAL MILLS FUN GROUP, INC. and Twentieth Century-Fox Film Corporation, Defendants, and Twentieth Century-Fox Licensing Corporation, Counterclaim-Plaintiff.

United States District Court, S. D. New York.

December 27, 1977.

Attorney(s) appearing for the Case

Curtis, Morris & Safford, P. C., New York City, for plaintiff; Lewis H. Eslinger, John A. Mitchell, Stuart A. White, Leonard J. Santisi, William F. Lawrence, New York City, of counsel.

Rogers & Wells, New York City, for defendants and counterclaim-plaintiff; Herbert C. Earnshaw, John B. Koegel, New York City, Cooper, Epstein & Hurewitz, Beverly Hills, Cal., of counsel.

OPINION

TENNEY, District Judge.

Plaintiff Ideal Toy Corporation ("Ideal") commenced this action in August of this year seeking a declaration that its production and distribution of certain toys — sold under the trademark "Star Team" — did not infringe any rights possessed by the defendants Twentieth Century-Fox Film Corporation ("TCF"), producer of the film "Star Wars," and Kenner Products Division of General Mills Fun Group, Inc. ("Kenner...

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