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TONKA CORP. v. ROSE ART INDUSTRIES, INC.

Civ. A. No. 93-544 (AJL).

836 F.Supp. 200 (1993)

TONKA CORPORATION, Plaintiff, v. ROSE ART INDUSTRIES, INC., Defendant.

United States District Court, D. New Jersey.

October 4, 1993.

Attorney(s) appearing for the Case

Carol F. Simkin, Weiss Dawid Fross Zelnick & Lehrman, P.C., New York City and Frederic S. Kessler, Clapp & Eisenberg, P.C., Newark, NJ, for plaintiff.

Robert L. Epstein, James & Franklin, New York City, and Roslyn S. Harrison, McCarter & English, Newark, NJ, for defendant.

OPINION

LECHNER, District Judge.

This is an action brought by plaintiff Tonka Corporation ("Tonka") alleging, inter alia, infringement by defendant Rose Art Industries, Inc. ("Rose Art") of Tonka's Federally-registered trademarks for the modeling compound popularly known as "PLAY-DOH" and its related accessories. Complaint (the "Complaint"), filed 5 February 1993, ¶ 1. Rose Art sells and has sold a modeling compound known in succession as "FUN...

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