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GUND, INC. v. SMILE INTERN., INC.

No. 88 C 2367 (EHN).

691 F.Supp. 642 (1988)

GUND, INC., Plaintiff, v. SMILE INTERNATIONAL, INC., Defendant.

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

August 22, 1988.

Attorney(s) appearing for the Case

Gottlieb, Rackman & Reisman, P.C., New York City (Jane Shay Wald and George Gottlieb, of counsel), for plaintiff.

Ruskin, Schlissel, Moscou, Evans & Faltischek, P.C., Mineola, N.Y. (Robert L. Sherman, of counsel), for defendant.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

Plaintiff brought this action claiming that defendant had infringed plaintiff's United States copyright in a stuffed plush toy dog called "Muttsy." Plaintiff has moved for a preliminary injunction.

Plaintiff designs and manufactures stuffed toys, advertising them extensively, and selling them in so-called upscale retailers throughout the United States. Plaintiff...

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