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NADEL v. PLAY-BY-PLAY TOYS & NOVELTIES, INC.

Docket Nos. 99-7214, 99-7232.

208 F.3d 368 (2000)

Craig P. NADEL, Plaintiff-Counter-Defendant-Appellant-Cross-Appellee, v. PLAY-BY-PLAY TOYS & NOVELTIES, INC., Defendant-Counter-Claimant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 27, 2000

Attorney(s) appearing for the Case

Martin B. Pavane, Cohen, Pontani, Lieberman & Pavane, New York, NY (Catriona M. Collins, on the brief), for plaintiff-counter-defendant-appellant-cross-appellee.

Raymond A. Kurz, Rothwell, Figg, Ernst & Kurz, Washington, DC (Celine Jimenez Crowson, on the brief), for defendant-counter-claimant-appellee-cross-appellant.

Before: CARDAMONE, SOTOMAYOR and KATZMANN, Circuit Judges.

SOTOMAYOR, Circuit Judge

Plaintiff-appellant Craig P. Nadel ("Nadel") brought this action against defendant-appellee Play-By-Play Toys & Novelties, Inc. ("Play-By-Play") for breach of contract, quasi contract, and unfair competition. The thrust of Nadel's complaint was that Play-By-Play took his idea for an upright, sound-emitting, spinning plush toy and that, contrary to industry custom, Play-By-Play used the idea in its "Tornado Taz" product without paying him...

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