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MISS AMERICA ORGANIZATION v. MATTEL, INC.

No. 1865, Docket 91-6111.

945 F.2d 536 (1991)

The MISS AMERICA ORGANIZATION; Kenner Products, a division of Tonka Corporation, Plaintiffs-Appellants, v. MATTEL, INC.; Nicholas F. Brady, Secretary of the U.S. Treasury; Carol Hallett, Commissioner of U.S. Customs; Anthony Liberta, New York Regional Commissioner, U.S. Customs, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 25, 1991.

Attorney(s) appearing for the Case

Carol F. Simken, New York City (Weiss Dawid Fross Zelnick & Lehrman, P.C., of counsel), for plaintiff-appellant Miss America Organization.

Sara L. Shudofsky, Asst. U.S. Atty., S.D.N.Y. (Otto G. Obermaier, U.S. Atty. for S.D.N.Y., Richard M. Schwartz, Asst. U.S. Atty., S.D.N.Y., of counsel), for defendant-appellee Nicholas F. Brady.

Arthur J. Levine, Washington, D.C. (Laurence R. Hefter, Thomas W. Winland, Mark Traphagen, Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D.C., Thomas I. Sheridan, III, Richards & O'Neil, New York City, of counsel), for defendant-appellee Mattel, Inc.

Donald E. DeKieffer, Washington, D.C. (J. Kevin Horgan, Pillsbury, Madison & Sutro, of counsel), filed a brief on behalf of The Intern. Anticounterfeiting Coalition, Inc. as amicus curiae.

Before CARDAMONE, MINER and MAHONEY, Circuit Judges.

CARDAMONE, Circuit Judge:

The substantial legal issues presented by this appeal arise from a dispute over five 11½ inch glamorous but — according to their maker — wholesome, high fashion dolls: "Blair," "Justine," "Tonya," "Devon," and "Raquel." The dolls, manufactured in China for plaintiffs, Kenner Products, a division of Tonka Corporation, and the Miss America Organization, a non-profit corporation that conducts the well-known beauty pageants...

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