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ORIGINAL APPALACHIAN ARTWORKS v. MAY DEPT. STORES

No. 86 C 882.

640 F.Supp. 751 (1986)

ORIGINAL APPALACHIAN ARTWORKS, INC., Plaintiff, v. MAY DEPARTMENT STORES COMPANY, et al., Defendants.

United States District Court, N.D. Illinois, E.D.

July 9, 1986.

Attorney(s) appearing for the Case

Nate Scarpelli, Terrence McMillin, Marshall, O'Toole, Gerstein, Murray & Bicknell, Chicago, Ill., William H. Needle, P.C., Atlanta, Ga., for plaintiff.

Charles Laff, Larry Saret, Lawrence Robins, Laff, Whitesel, Conte & Saret, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Original Appalachian Artworks, Inc. ("Artworks") sues May Department Stores Company and Venture Stores, Inc. (collectively "May," there being no distinction for present purposes), alleging May has marketed a line of stuffed toy bears similar to Artworks' "Furskins" bears and claiming:

1. copyright infringement under 17 U.S.C. § 501; 2. unfair competition under Lanham Act §...

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