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BILLY-BOB TEETH, INC. v. NOVELTY, INC.

Nos. 01-3668, 01-3735, 02-2956 and 02-3005.

329 F.3d 586 (2003)

BILLY-BOB TEETH, INC., Plaintiff-Appellant, Cross-Appellee, v. NOVELTY, INC., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 21, 2003.

Attorney(s) appearing for the Case

Robert Lancaster K. Lee Marshall (argued), Bryan Cave, St. Louis, MO, Plaintiff-Appellant.

Daniel J. Lueders (argued), Kurt N. Jones, Woodard, Emhardt, Naughton, Moriarty & McNett, Indianapolis, IN, for Defendant-Appellee.

Before KANNE, DIANE P. WOOD, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

When "International Man of Mystery" Austin Powers gazes at the comely British agent Kensington and purrs "groovy Baby" or "oh behave!" he always smiles, exposing a set of teeth that the best orthodontist in the world could not improve. They are ugly, and therein lies their beauty, at least from a financial point of view. This copyright/trade dress infringement case involves "novelty" teeth — oversized, crooked, and chipped teeth...

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