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WHIMSICALITY, INC. v. RUBIE'S COSTUMES CO., INC.

No. CV 89-1720.

721 F.Supp. 1566 (1989)

WHIMSICALITY, INC., Plaintiff, v. RUBIE'S COSTUMES CO., INC., Defendant.

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

September 11, 1989.

Attorney(s) appearing for the Case

Virginia R. Richard and Pamela Bradford, Kane, Dalsimer, Sullivan, Kurucz, Eisele and Richard, New York City, for plaintiff.

Andrew S. Langsam, Levisohn, Lerner & Berger, New York City, for defendant.

DEARIE, District Judge.

This matter is before the Court on plaintiff's application for a preliminary injunction. Plaintiff alleges that defendant's production and distribution of certain children's Halloween costumes infringe plaintiff's copyrighted "soft sculpture" designs. Plaintiff also alleges unfair competition in violation of section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and state law.

At the close of oral argument, there appearing to be...

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