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Copyright Infringement Action Regarding Pacifier Holder, and Civil Procedure Matter

By FindLaw Staff on July 26, 2010 1:28 PM

Baby Buddies, Inc. v. Toys "R" Us, Inc., No. 08-17021, involved an action alleging that Toys R Us's pacifier holder infringed plaintiff's copyright in its own similar pacifier holder.  The court of appeals affirmed summary judgment for defendant on the grounds that 1) the parties created distinctly different designs from an aesthetic perspective; and 2) no reasonable jury could conclude that the pacifier holders were substantially similar at the protected level.

Brown v. R.J. Reynolds Tobacco Co., No. 08-16158, concerned an action seeking compensatory and punitive damages from cigarette manufacturers under theories of strict liability, breach of express warranty, breach of implied warranty, civil conspiracy to fraudulently conceal, fraudulent concealment, negligence, and loss of consortium.

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