Selected Cases

EFS Marketing, Inc. v. Russ Berrie & Company, Inc. and Russell Berrie

76 F.3d 487 (2d Cir. 1996)

We successfully represented the Russ Berrie defendants who were sued for violation of plaintiff's alleged "trade dress" rights in a line of troll dolls based upon the original Dam troll doll for which copyright protection was lost in 1965 due to publication without copyright notice. The Second Circuit affirmed dismissal of all of plaintiff's trade dress claims and reversed and then also dismissed plaintiff's false advertising claim arising out of use of Russ Berrie's copyright notice on its new versions of the original troll dolls.

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