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EFS MARKETING, INC. v. RUSS BERRIE & CO., INC.

No. 91 Civ. 5515 (JFK).

836 F.Supp. 128 (1993)

EFS MARKETING, INC., Plaintiff, v. RUSS BERRIE & COMPANY, INC., and Russell Berrie, Defendants.

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

September 27, 1993.

Attorney(s) appearing for the Case

Paul, Hastings, Janofsky & Walker, New York City (Robert L. Sherman, of counsel), for plaintiff.

Weiss Dawid Fross Zelnick & Lehrman, P.C., New York City (Roger Zissu, of counsel), for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

KEENAN, United States District Judge:

INTRODUCTION

Based upon a submitted record pursuant to Fed.R.Civ.P. 52, the parties have requested the Court to resolve their dispute.1 Plaintiff, EFS Marketing, Inc. ("EFS"), alleges that defendants, Russ Berrie, Inc. ("Russ") and its president, Russell Berrie, fixed a false designation of copyright to their troll dolls and...

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