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ORIGINAL APPALACHIAN ARTWORKS v. BLUE BOX FACTORY

No. 83 Civ. 8917 (ADS).

577 F.Supp. 625 (1983)

ORIGINAL APPALACHIAN ARTWORKS, INC., Plaintiff, v. BLUE BOX FACTORY (USA) LTD., Defendant.

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

December 21, 1983.

Attorney(s) appearing for the Case

Wyatt, Gerber, Shoup, Scobey & Badie, New York City, Birch, Hartness & Link, P.C., Gainesville, Ga., William H. Needle, Atlanta, Ga., for plaintiff; Gerard F. Dunne, New York City, Stanley F. Birch, Jr., Atlanta, Ga., of counsel.

Coudert Brothers, James M. Rhodes, Jr., Hopgood, Calimafde, Kalil, Blaustein & Judlowe, New York City, for defendant; Richard N. Papper, Paul S. Friedland, New York City, of counsel.

MEMORANDUM OPINION AND ORDER

SOFAER, District Judge:

Plaintiff Original Appalachian Artworks, Inc., originator of a line of enormously popular dolls known as the "Cabbage Patch Kids," alleges copyright infringement in violation of section 101 of the Copyright Act of 1976, 17 U.S.C. § 501, and unfair competition in violation of section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and the common law of New York, by defendant Blue Box Toy Factory...

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