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DENBICARE U.S.A. INC. v. TOYS "R" US, INC.

No. 94-16615.

84 F.3d 1143 (1996)

DENBICARE U.S.A. INC., and Ernest McCoy, Plaintiffs-Appellants, v. TOYS "R" US, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 24, 1996.

Attorney(s) appearing for the Case

Ernest H. McCoy, Bruce & McCoy, Oakland, California; Christopher J. Palermo, Fish & Richardson, Menlo Park, California, for plaintiffs-appellants.

Paul Fields, Darby & Darby, New York City; Neil A. Smith, Limbach & Limbach, San Francisco, California, for defendant-appellee.

Before ALARCON, LEAVY, and KLEINFELD, Circuit Judges.

LEAVY, Circuit Judge:

Denbicare U.S.A. Inc. ("Denbicare") and Ernest H. McCoy appeal from a partial final judgment entered under Rule 54(b) after grants of summary judgment against them on their claims of copyright infringement, trademark infringement, unfair competition, and tortious denial of contract against Toys "R" Us ("Toys"). We have jurisdiction under 28 U.S.C. § 1291 and affirm.

FACTUAL BACKGROUND

Denbi Products, Inc. ("DPI"...

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