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KAMAR INTERN., INC. v. RUSS BERRIE AND CO.

No. 79-3666.

657 F.2d 1059 (1981)

KAMAR INTERNATIONAL, INC., a corporation, and Kamar, Inc., a corporation, Plaintiffs-Appellants, v. RUSS BERRIE AND CO., a corporation Sol Levy, an individual, and Russ Berrie and Co. West, Inc., a corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 28, 1981.

Attorney(s) appearing for the Case

Joseph R. Evanns, Herzig & Walsh, Inc., Beverly Hills, Cal., for plaintiffs-appellants.

Michael A. Painter, Cooper, Epstein & Hurewitz, Beverly Hills, Cal., for defendants-appellees.

Before GOODWIN and SKOPIL, Circuit Judges, and SOLOMON, District Judge.

GOODWIN, Circuit Judge.

Kamar, Inc. appeals from a judgment of the district court finding Kamar's purported copyrights of stuffed toy animals invalid and not infringed and finding no unfair competition or Lanham Act violation.

Both Kamar, Inc. and Russ Berrie, Co. sell stuffed toy animals. Kamar's toys are copyrighted as "soft sculptures" and are manufactured by Korean subcontractors. The subcontractors take Kamar's designs and make stuffed animals from them...

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