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FISHER-PRICE TOYS, DIV. OF QUAK. O. CO. v. MY-TOY CO., INC.

No. 74 Civ. 4894-LFM.

385 F.Supp. 218 (1974)

FISHER-PRICE TOYS, DIVISION OF the QUAKER OATS COMPANY, Plaintiff, v. MY-TOY CO., INC., Defendant.

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

November 27, 1974.

Attorney(s) appearing for the Case

Hopgood, Calimafde, Kalil, Blaustein & Lieberman, New York City, and Cumpston, Shaw & Stephens, Rochester, N. Y., for plaintiff; John M. Calimafde, Marvin N. Gordon, New York City, and George W. Shaw, Rochester, N. Y., of counsel.

Kirschstein, Kirschstein, Ottinger & Frank, P. C., New York City, for defendant; David B. Kirschstein and Peter T. Corbin, New York City, of counsel.

OPINION

MacMAHON, District Judge.

Plaintiff seeks an injunction, damages and other relief in this action, alleging copyright infringement under 17 U.S.C. § 101 and a violation of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). With the consent of the parties, a trial on the merits was advanced and consolidated with a preliminary injunction hearing, pursuant to Rule 65(a)(2), Fed.R.Civ.P. We consider now, however, solely the issues of liability...

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