JCW Investments, Inc. v. Novelty, Inc.
United States Court of Appeals for the Seventh Circuit
482 F.3d 910 (2007)
- Written by Eric Miller, JD
Facts
JCW Investments, Inc., doing business as Tekky Toys (Tekky) (plaintiff), held a copyright on Pull My Finger Fred, a flatulent, joke-telling plush doll with the appearance of a middle-aged, blue-collar man. The doll was put on the market in 1999. Two years later, Novelty, Inc. (defendant) began selling Fartman, a doll with the same general appearance and functions, though there were slight cosmetic differences. Tekky sued Novelty for copyright infringement, trademark infringement, and unfair competition. In his deposition, the president of Novelty testified that he saw Tekky’s doll at a trade show, that he may have taken a photograph of it, and that he gave Novelty’s art director instructions to prepare a drawing based on his description. The federal district court found in favor of Tekky on all claims. Novelty appealed to the United States Court of Appeals for the Seventh Circuit.
Rule of Law
Issue
Holding and Reasoning (Wood, J.)
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