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McDONALD'S CORP. v. SHOP AT HOME, INC.

No. 3:99-0438.

82 F.Supp.2d 801 (2000)

McDONALD'S CORPORATION, Plaintiff, v. SHOP AT HOME, INC., Sports Collectibles, Inc. and Gary Fillers, Defendants.

United States District Court, M.D. Tennessee, Nashville Division.

February 2, 2000.

Attorney(s) appearing for the Case

Robert S. Patterson, Julie C. Murphy, Boult, Cummings, Conners & Berry, Nashville, TN, Jeff Lieberman, Robert Eliot Shapiro, Barack, Ferrazzano, Kirschbaum, Perlman & Nagelberg, Chicago, IL, for McDonald's Corporation, plaintiff.

Barbara Jean Moss, Nancy A. Vincent, Wyatt, Tarrant & Combs, Nashville, TN, George J. Phillips, Antioch, TN, for Shop at Home, Inc., defendant.

Randall Chadwell Ferguson, Branstetter, Kilgore, Stranch & Jennings, Nashville, TN, Harold L. North, Jr., Stanley W. Hildebrand, Shumacker & Thompson, Chattanooga, TN, for Sports Collectibles, Inc., Gary Fillers, defendants.

Randall Chadwell Ferguson, Harold L. North, Jr., Stanley W. Hildebrand, (See above), for Classic Collectibles, Inc., defendant.

MEMORANDUM

TRAUGER, District Judge.

Sports Collectibles, Inc., Classic Collectibles, LLC., and Gary Fillers purchased a large number of Teenie Beanie Baby toys offered in McDonald's 1999 marketing campaign prior to the toys' release date. The Shop At Home television network then offered those toys for sale, giving consumers an opportunity to get the toy while bypassing the "drive through," or avoiding buying a McDonald's Happy Meal. McDonald's has...

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