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CHILDREN'S FACTORY, INC. v. BENEE'S TOYS, INC.

Nos. 98-1179, 98-1180.

160 F.3d 489 (1998)

CHILDREN'S FACTORY, INC., Appellant/Cross-Appellee, v. BENEE'S TOYS, INC., Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 17, 1998.

Attorney(s) appearing for the Case

David B. B. Helfrey, St. Louis, MO, argued, for Appellant.

David H. Chervitz, St. Louis, MO, argued, for Appellee.

Before LOKEN, LAY and HANSEN, Circuit Judges.

LAY, Circuit Judge.

Children's Factory, Inc. ("Children's Factory") appeals from a final judgment in favor of the Defendant, Benee's Toys, Inc. ("Benee"), in a trade dress infringement case brought under Section 43(a) of the Lanham Act ("Act"), 15 U.S.C. § 1125(a). Children's Factory argues the district court1 erred in holding that its toys were not protected under the Act. Benee cross-appeals, arguing the district court erred when...

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