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JCW INVESTMENTS, INC. v. NOVELTY, INC.

No. 02 C 4950.

289 F.Supp.2d 1023 (2003)

JCW INVESTMENTS, INC., d/b/a Tekky Toys, Plaintiff, v. NOVELTY, INC., Defendant.

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

October 30, 2003.

Attorney(s) appearing for the Case

Gregory J Smith, Competition Law Group, LLC, Kelly J. Eberspecher, Competition Law Group, Chicago, IL, for JCW Investments, Inc. dba Tekky Toys, plaintiff.

Michael J. Kelly, Todd J. Ohlms, Freeborn & Peters, Chicago, Daniel J. Lueders, John L Roberts, Woodard, Emhardt, Naughton, Moriarty & McNett, Bank One Center/Tower, Indianapolis, IN, for Novelty Inc, defendant.

MEMORANDUM OPINION AND ORDER

GETTLEMAN, District Judge.

In its amended complaint, plaintiff JCW Investments, Inc. ("Tekky Toys") seeks injunctive and monetary relief against defendant Novelty, Inc. ("Novelty"), alleging that defendant's farting dolls, Fartman and Fartboy, infringe, 1) its copyright on its doll, "Pull My Finger Fred," in violation of 17 U.S.C. §§ 106 and 501 (Count I)1, and 2) its trademark in...

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