DURHAM INDUSTRIES, INC. v. TOMY CORP.

No. 639, Docket 79-7752.

630 F.2d 905 (1980)

DURHAM INDUSTRIES, INC., Plaintiff-Appellee, v. TOMY CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 2, 1980.


Attorney(s) appearing for the Case

Lewis H. Eslinger, New York City (Stuart A. White, James D. Fornari, Curtis, Morris & Safford, P. C., New York City, F. David LaRiviere, Carson, California, Mori & Ota, Los Angeles, Cal., of counsel), for defendant-appellant.

James M. Rhodes, Jr., New York City (John M. Calimafde, Michael Ebert, Hopgood, Calimafde, Kalil, Blaustein & Lieberman, New York City, of counsel), for plaintiff-appellee.

Before FRIENDLY and MESKILL, Circuit Judges, and THOMSEN, District Judge.


MESKILL, Circuit Judge:

Appellant Tomy Corporation and appellee Durham Industries, Inc. are American companies engaged in the manufacture and sale of toys. In January of 1979, counsel for Tomy accused Durham of systematically copying certain Tomy toys and threatened to take legal action if the matter was not immediately resolved by other means. Evidently believing that the best defense is a good offense, in February of 1979 Durham filed an action against Tomy in the...

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