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JCW INVESTMENTS, INC. v. NOVELTY, INC.

No. 05-2498.

482 F.3d 910 (2007)

JCW INVESTMENTS, INC., d/b/a Tekky toys, Plaintiff-Appellee, v. NOVELTY, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 20, 2007.

Attorney(s) appearing for the Case

Gregory J. Smith (argued), Competition Law Group, Chicago, IL, for Plaintiff-Appellee.

Daniel J. Lueders (argued), Woodard, Emhardt, Naughton, Moriarty & McNett, Indianapolis, IN, for Defendant-Appellant.

Before MANION, WOOD, and EVANS, Circuit Judges.

WOOD, Circuit Judge.

Meet Pull My Finger® Fred. He is a white, middle-aged, overweight man with black hair and a receding hairline, sitting in an armchair wearing a white tank top and blue pants. Fred is a plush doll and when one squeezes Fred's extended finger on his right hand, he farts. He also makes somewhat crude, somewhat funny statements about the bodily noises he emits, such as "Did somebody step on a duck?" or "Silent but deadly."

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