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SELCHOW & RIGHTER CO. v. DECIPHER, INC.

Civ. A. No. 84-505-N.

598 F.Supp. 1489 (1984)

SELCHOW & RIGHTER COMPANY and Horn Abbot Limited, Plaintiffs, v. DECIPHER, INC., Defendant.

United States District Court, E.D. Virginia, Norfolk Division.

December 12, 1984.

Attorney(s) appearing for the Case

Walter D. Ames, Watson, Cole, Grindle & Watson, F.M. DeRosa, B.X. DeRosa, Washington, D.C., D.N. Huff, Edward H. Starr, Jr., Richmond, Va., for plaintiffs.

G. Hamilton Loeb, James Kevin Wholey, Patrick W. Shea, Paul, Hastings, Janofsky & Walker, Washington, D.C., Vann H. Lefcoe, Livesay & Lefcoe, Portsmouth, Va., for defendant.

OPINION AND ORDER

DOUMAR, District Judge.

Success breeds imitation. The unprecedented success of the trivia board game TRIVIAL PURSUIT has brought a rash of trivia products to the marketplace. The Court is called upon to determine how close a manufacturer of trivia cards, designed primarily to be played with the TRIVIAL PURSUIT game, can imitate the trade dress of both the TRIVIAL PURSUIT card and the packaging of the TRIVIAL PURSUIT replacement card sets...

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