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MARVEL ENTERTAINMENT, INC. v. KELLYTOY (USA), INC.

No. 08 Civ. 2924 (DAB).

769 F.Supp.2d 520 (2011)

MARVEL ENTERTAINMENT, INC. f/k/a Marvel Enterprises, Inc., a Delaware corporation, and Marvel Characters, Inc., a Delaware Corporation, Plaintiff, v. KELLYTOY (USA), INC., Defendants.

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

February 18, 2011.

Attorney(s) appearing for the Case

Howard J. Smith, III , Kyle C. Bisceglie , Olshan, Grundman, Frome, Rosenzweig & Wolosky, LLP, New York, NY, for Plaintiff.

Thea J. Kerman , Beigelman, Feldman & Associates, James P. Cinque , Cinque & Cinque, New York, NY, for Defendants.

MEMORANDUM & ORDER

DEBORAH A. BATTS, District Judge.

Plaintiffs Marvel Entertainment, Inc. and Marvel Characters, Inc. (collectively "Plaintiffs" or "Marvel") own a library of over 5,000 proprietary characters, including SPIDER-MAN, X-MEN, IRON MAN, THE FANTASTIC FOUR, and CAPTAIN AMERICA. (Pls.' 56.1 Stmt., ¶ 3.) Kellytoy (USA), Inc. ("Kellytoy" or "Defendant") is engaged in the business of designing and selling toys and sporting goods....

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