SILBERSTEIN v. FOX ENTERTAINMENT GROUP, INC.

No. 02 Civ. 1131(RJH).

424 F.Supp.2d 616 (2004)

Ivy SILBERSTEIN, d/b/a Ivy Supersonic, Plaintiff, v. FOX ENTERTAINMENT GROUP, INC., Twentieth Century Fox Film Corporation; Blue Sky Studios, Inc.; John Does 1 through 10; Jakks Pacific, Inc.; Ubi Soft Entertainment, Inc.; Harpercollins Publishers, Inc.; and Xyz Corporations 1 through 1500, Defendants.

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

July 19, 2004.


Attorney(s) appearing for the Case

Peter S. Cane, New York City, for Plaintiff.

Eulas G. Boyd, Jr., Jacques M. Rimokh, Jonathan Zavin, Loeb & Loeb, L.L.P., New York City, for Defendants.


OPINION

HOLWELL, District Judge.

This is an action asserting claims of copyright infringement under the Copyright Act, 17 U.S.C. § 501 et seq., and trademark infringement under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and alternatively asserting state law claims for common law idea misappropriation, deceptive business practices, and false advertising, based on defendants' alleged unlawful copying of plaintiff's cartoon drawing...

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