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EDEN TOYS, INC. v. FLORELEE UNDERGARMENT CO., INC.

No. 80 Civ. 2242 (RLC).

526 F.Supp. 1187 (1981)

EDEN TOYS, INC., Plaintiff, v. FLORELEE UNDERGARMENT CO., INC., Defendant.

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

November 25, 1981.

Attorney(s) appearing for the Case

Stoll & Stoll, P. C., New York City, for plaintiff; Samuel J. Stoll, New York City, of counsel.

Lauritano & Schlacter, New York City, for defendant; Jed R. Schlacter, New York City, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

This is an action for copyright infringement, 17 U.S.C. §§ 501 et seq., and violation of the Lanham Act, 15 U.S.C. § 1125.1 The plaintiff, Eden Toys, Inc. ("Eden"), and the defendant, Florelee Undergarment Co., Inc. ("Florelee"), each have moved for summary judgment. Although the evidence strongly supports the claim of infringement, the copyright action must be dismissed...

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