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

Nos. 302, 422, Dockets 94-9119, 94-9157.

76 F.3d 487 (1996)

EFS MARKETING, INC., Plaintiff-Appellee-Cross-Appellant, v. RUSS BERRIE & COMPANY, INC., and Russell Berrie, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 12, 1996.

Attorney(s) appearing for the Case

Roger L. Zissu, New York City (Howard M. Rogatnick, Weiss Dawid Fross Zelnick & Lehrman, P.C., New York City, of counsel), for Defendants-Appellants-Cross-Appellees.

Robert L. Sherman, New York City (Paul, Hastings, Janofsky & Walker, New York City, of counsel), for Plaintiff-Appellee-Cross-Appellant.

Before: VAN GRAAFEILAND, JACOBS and PARKER, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

This litigation arose out of a dispute between competing merchandisers of troll dolls. In a complaint filed in the United States District Court for the Southern District of New York on August 15, 1991, EFS Marketing, Inc. (EFS) sought monetary damages and injunctive relief from Russ Berrie & Co. and its Chief Executive Officer, Russell Berrie (collectively Berrie). The complaint contained...

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