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M.W. KASCH CO. v. UNITED STATES

No. 86-05-00579.

640 F.Supp. 1335 (1986)

M.W. KASCH CO. and the Tsaisun Inc. d/b/a JRL Toys, Plaintiffs, v. The UNITED STATES and William Von Raab, Commissioner of Customs, Defendants.

United States Court of International Trade.

July 10, 1986.

Attorney(s) appearing for the Case

Grunfeld, Desiderio, Lebowitz & Silverman (Robert B. Silverman and Michael P. Maxwell), New York City, for the plaintiffs.

Richard K. Willard, Asst. Atty. Gen., Washington, D.C., Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office, Commercial Litigation Branch, U.S. Dept. of Justice, New York City, for the defendants.

Opinion & Order

AQUILINO, Judge:

The plaintiffs commenced this action to obtain the release of goods detained by the U.S. Customs Service and to enjoin the Commissioner of Customs "from issuing a determination that the copyright registration for JRL Toys for its `LONELY PUPPY' is invalid or that the `LONELY PUPPY' is a piratical copy of Tonka Corp.'s copyrighted `POUND PUPPY'", to quote from their complaint's prayer for relief.

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