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WHIMSICALITY, INC. v. RUBIE'S COSTUME CO., INC.

Nos. 527, 619, Dockets 89-7829, 89-7887.

891 F.2d 452 (1989)

WHIMSICALITY, INC., Appellant, Cross-Appellee, v. RUBIE'S COSTUME CO., INC., Appellee, Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 15, 1989.

Attorney(s) appearing for the Case

Virginia R. Richard, New York City (Pamela G. Bradford, and Kane, Dalsimer, Sullivan, Kurucz, Levy, Eisele and Richard, New York City, on the brief), for appellant, cross-appellee Whimsicality, Inc.

Andrew S. Langsam, New York City (Peter L. Berger, and Levisohn, Lerner & Berger, New York City, on the brief), for appellee, cross-appellant Rubie's Costume Co., Inc.

Arlington R. Robbins, Michael V. Pundeff, and Robbins, Keehn & Jones, San Diego, Cal., filed a brief, for amicus curiae Nat. Theme Productions, Inc.

Before TIMBERS and WINTER, Circuit Judges, and LEISURE, District Judge.

TIMBERS, Circuit Judge:

Appellant Whimsicality, Inc. ("Whimsicality") and appellee Rubie's Costume Co., Inc. ("Rubie's") are competing costume designers and manufacturers. Believing that Rubie's was selling "knock-offs" of its costumes, Whimsicality commenced the instant action and sought initially a preliminary injunction to prevent further manufacture and sale of the alleged knock-offs. The complaint alleged copyright infringement and unfair competition, in violation...

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