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BABY BUDDIES, INC. v. TOYS "R" US, INC.

No. 08-17021.

611 F.3d 1308 (2010)

BABY BUDDIES, INC., a Florida corporation, Plaintiff-Counter-Defendant-Appellant, v. TOYS "R" US, INC., a Delaware corporation, Toys "R" Us—Delaware, Inc., a Delaware corporation, Geoffrey, Inc., a Delaware corporation, Defendants-Counter-Claimants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 22, 2010.

Attorney(s) appearing for the Case

Joseph J. Weissman, Johnson, Pope, Bokor, Ruppel & Burns, Frank Robert Jakes, Johnson, Blakely, Pope, Bokor & Ruppel, Tampa, FL, for Plaintiff.

Robert S. Weisbein, Foley & Lardner, LLP, New York City, Charles F. Ketchey, Jr., Trenam Kemker, Tampa, FL, for Defendants.

Before DUBINA, Chief Judge, TJOFLAT, Circuit Judge, and BOWEN, District Judge.

TJOFLAT, Circuit Judge:

This appeal involves a copyright dispute between Baby Buddies, Inc. ("Baby Buddies") and Toys "R" Us, Inc. ("Toys R Us"). Baby Buddies sued Toys R Us in federal district court, alleging that Toys R Us's pacifier holder infringed Baby Buddies's copyright in its own similar pacifier holder. After discovery, Toys R Us moved for summary judgment. The district court granted the motion for summary judgment and dismissed Baby Buddies's

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