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KAUFMAN & FISHER WISH CO. v. F.A.O. SCHWARZ

No. 01 Civ. 0301 (GEL).

184 F.Supp.2d 311 (2001)

KAUFMAN & FISHER WISH COMPANY, LTD., Plaintiff, v. F.A.O. SCHWARZ, Defendant.

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

As Amended October 22, 2001.

Attorney(s) appearing for the Case

Eric Vaughn-Flam, Rubin, Bailin, Ortoli, Mayer & Baker LLP, New York City, for Kaufman & Fisher Wish Company, Ltd.

Barry Werbin, Herrick, Feinstein LLP (Stacy Kellner Rosenberg, of counsel), New York City, for F.A.O. Schwarz.

AMENDED OPINION AND ORDER

LYNCH, District Judge.

Plaintiff Kaufman & Fisher Wish Company ("K & F") brings this action against Defendant F.A.O. Schwarz ("Schwarz"), alleging that Defendant's design, marketing, and sales of "Alluwishes," a "wishing" plush toy marketed with a charitable tie-in to the Elizabeth Glaser Pediatric AIDS Foundation, infringes upon the packaging and design trade dress of Plaintiff's own soft-sculptured "wishing" doll...

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