GANZ BROS. TOYS v. MIDWEST IMPORTERS

Civ. A. No. 93-549-A.

834 F.Supp. 896 (1993)

GANZ BROS. TOYS, Plaintiff, v. MIDWEST IMPORTERS OF CANNON FALLS, INC., Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

October 20, 1993.


Attorney(s) appearing for the Case

Belinda J. Scrimenti, Baker & Hostetler, Washington, DC, Frederick W. Chockley, Gregory A. Paw, Baker & Hostetler, Alexandria, VA, Bruce O. Baumgartner, Baker & Hostetler, Cleveland, OH, for plaintiff.

Charles A. Mays, Nicole A. Engisch, Leonard, Street and Deinard, Minneapolis, MN, Robert P. Trout, John Thorpe Richards, Jr., Dunnells & Duvall, Washington, DC, for defendant.


MEMORANDUM OPINION

I.

ELLIS, District Judge.

The parties' cross motions for summary judgment raise the issue of the proper standard for summary judgment in a copyright infringement action. Because neither party can establish the existence or the absence of substantial similarity between the two sets of figurines at issue, their motions for summary judgment must be denied.

II.

...

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