SCHOLASTIC INC. v. SPEIRS

Nos. 97 CIV. 0163(MBM), 97 CIV. 0220(MBM).

28 F.Supp.2d 862 (1998)

SCHOLASTIC INC. and Parachute Press, Inc., Plaintiffs, v. Gregory SPEIRS and Slow Leak Apparel, Inc., Defendants. Gregory Speirs and Slow Leak Apparel, Inc., Plaintiffs, v. Scholastic Inc. a/k/a Goosebumps and Parachute Press, Inc a/k/a Goosebumps, Defendants.

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

November 30, 1998.


Attorney(s) appearing for the Case

Edward H. Rosenthal, Edward Hernstadt, Frankfurt, Garbus, Klein & Selz, New York City, for Scholastic Inc.

Martin P. Michael, Joshua R. Weiss, Rubin Baum Levin, Constant & Friedman, New York City, for Parachute Press, Inc.

George P. Birnbaum, New York City, for Parachute Press, Inc.

Stephen A. Weingrad, Weingrad & Weingrad, LLP, New York City, for Gregory Speirs and Slow Leak Apparel, Inc.


OPINION AND ORDER

MUKASEY, District Judge.

This consolidated action arises out of a dispute over intellectual property rights in two humanized skeleton characters, "Skully" and "Curly." In 97 Civ. 0163, plaintiffs Scholastic Inc. ("Scholastic") and Parachute Press, Inc. ("Parachute") sue for a declaration that they have not infringed any rights of defendants Gregory Speirs or Slow Leak Apparel, Inc. ("Slow Leak") in their character, Skully. In 97 Civ. 0220...

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