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JCW INVESTMENTS, INC. v. NOVELTY, INC.

No. 02 C 4950.

222 F.Supp.2d 1030 (2002)

JCW INVESTMENTS, INC., d/b/a Tekky Toys, Plaintiff, v. NOVELTY, INC., Defendant.

United States District Court, N.D. Illinois, Eastern Division.

September 20, 2002.

Attorney(s) appearing for the Case

Gregory J. Smith, Kelly J. Eberspecher, Competition Law Group, LLC, Chicago, IL, for plaintiff.

Michael J. Kelly, Todd J. Ohlms, Freeborn & Peters, Chicago, IL, Daniel J. Lueders, John L. Roberts, Woodard, Emhardt, Naughton, Moriarty & McNett, Indianapolis, IN, for defendant.

MEMORANDUM OPINION AND ORDER

GETTLEMAN, District Judge.

If imitation is the highest form of flattery, can flatulence be far behind? Plaintiff JCW Investments ("Tekky Toys") filed this suit for injunctive and monetary relief against defendant Novelty, Inc. ("Novelty"), alleging that defendant's farting doll infringes its copyright in violation of 17 U.S.C. §§ 106, 501. Plaintiff also asserts claims of unfair competition in violation of the...

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