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MARVEL ENTERTAINMENT, INC. v. KELLYTOY (USA), INC.

No. 08 Civ. 2924 (DAB).

769 F.Supp.2d 520 (2011)

MARVEL ENTERTAINMENT, INC. f/k/a Marvel Enterprises, Inc., a Delaware corporation, and Marvel Characters, Inc., a Delaware Corporation, Plaintiff, v. KELLYTOY (USA), INC., Defendants.

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

February 18, 2011.

Attorney(s) appearing for the Case

Howard J. Smith, III, Kyle C. Bisceglie, Olshan, Grundman, Frome, Rosenzweig & Wolosky, LLP, New York, NY, for Plaintiff.

Thea J. Kerman, Beigelman, Feldman & Associates, James P. Cinque, Cinque & Cinque, New York, NY, for Defendants.

MEMORANDUM & ORDER

DEBORAH A. BATTS, District Judge.

Plaintiffs Marvel Entertainment, Inc. and Marvel Characters, Inc. (collectively "Plaintiffs" or "Marvel") own a library of over 5,000 proprietary characters, including SPIDER-MAN, X-MEN, IRON MAN, THE FANTASTIC FOUR, and CAPTAIN AMERICA. (Pls.' 56.1 Stmt., ¶ 3.) Kellytoy (USA), Inc. ("Kellytoy" or "Defendant") is engaged in the business of designing and selling toys and sporting goods....

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