EDEN TOYS, INC. v. MARSHALL FIELD & CO.

No. 176, Docket 81-7358.

675 F.2d 498 (1982)

EDEN TOYS, INC., Plaintiff-Appellant, v. MARSHALL FIELD & COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 31, 1982.


Attorney(s) appearing for the Case

Samuel J. Stoll, New York City (Stoll & Stoll, P.C., New York City, on the brief), for plaintiff-appellant.

Thomas J. Schwarz, New York City (Skadden, Arps, Slate, Meagher & Flom, New York City, on the brief), for defendant-appellee.

Before LUMBARD, MANSFIELD and VAN GRAAFEILAND, Circuit Judges.


VAN GRAAFEILAND, Circuit Judge:

This is an appeal from a summary judgment of the United States District Court for the Southern District of New York, Gagliardi, J., dismissing Eden Toys' copyright infringement action. We affirm.

I

Eden Toys, Inc. is a nationally known manufacturer of stuffed, plush toys. In 1971, Eden designed and began to manufacture a stuffed toy snowman. This snowman (Snowman I) was two feet tall, had a diamond shaped body, rosy...

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