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MISS AMERICA ORGANIZATION v. MATTEL, INC.

No. 91 Civ. 2154 (LBS).

760 F.Supp. 1107 (1991)

The MISS AMERICA ORGANIZATION and Kenner Products, a Division of Tonka Corporation, Plaintiffs, v. MATTEL, INC., Nicholas Brady, Secretary of the U.S. Treasury, Carol Hallett, Commissioner of U.S. Customs, and Anthony Liberta, New York Regional Commissioner, U.S. Customs, Defendants.

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

April 24, 1991.

Attorney(s) appearing for the Case

Weiss Dawid Fross Zelnick & Lehrman, P.C., New York City (Carol F. Simkin, of counsel), for plaintiffs.

Finnegan, Henderson, Farabow, Garnett & Dunner, Washington, D.C. (Laurence R. Hefter, of counsel), and Richards & O'Neil, New York City (Thomas I. Sheridan, of counsel), for defendant Mattel, Inc.

Otto G. Obermaier, U.S. Atty., S.D.N.Y., New York City (Sara L. Shudofsky, Asst. U.S. Atty., of counsel), for defendants Brady, Hallett and Liberta.

OPINION

SAND, District Judge.

Plaintiffs in this action, The Miss America Organization and Kenner Products ("Kenner") have created and plan to market a line of dolls known as "Miss America" dolls. The "Miss America" series includes five dolls — "Devon," "Tonya," "Blair," "Justine," and "Racquel" — with various accessories, which were introduced to the toy trade to compete in the lucrative fashion...

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