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TY, INC. v. PUBLICATIONS INTERN., LTD.

No. 99 C 5565.

81 F.Supp.2d 899 (2000)

TY, INC., Plaintiff, v. PUBLICATIONS INTERNATIONAL, LTD., and Penguin Putnam, USA, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

January 24, 2000.

Attorney(s) appearing for the Case

Avrum Sidney Katz, Michael A. Bondi, Welsh & Katz, Ltd., Chicago, IL, for Ty Inc, plaintiff.

Wayne B. Giampietro, Michael John Merrick, Witwer, Poltrock & Giampietro, Chicago, IL, for Publications International Inc, Penguin Putnam USA Inc., defendants.

MEMORANDUM OPINION AND ORDER

ZAGEL, District Judge.

Ty, Inc. makes Beanie Babies® which have been, to my perception, extraordinarily popular toys both in terms of the sheer number (over a billion) of them which have been distributed and the very number of years (at least five) that they have been prominent in the marketplace.1

The defendants do not make rival products — plush toys; they make books about...

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