Home/S.D. New York/Knickerbocker Toy Co., Inc. v. Buddy L Corp.

Knickerbocker Toy Co., Inc. v. Buddy L Corp.

547 F. Supp. 35, 218 U.S.P.Q. (BNA) 724, 1982 U.S. Dist. LEXIS 13050
CourtDistrict Court, S.D. New York
DecidedJune 16, 1982
Docket81 Civ. 2310
StatusPublished

This text of 547 F. Supp. 35 (Knickerbocker Toy Co., Inc. v. Buddy L Corp.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Knickerbocker Toy Co., Inc. v. Buddy L Corp., 547 F. Supp. 35, 218 U.S.P.Q. (BNA) 724, 1982 U.S. Dist. LEXIS 13050 (S.D.N.Y. 1982).

Opinion

OPINION AND ORDER

OWEN, District Judge.

Plaintiff moves for summary judgment or in the alternative for a preliminary injunction restraining defendant from infringing plaintiff’s copyrighted blister card. Defendant cross-moves for summary judgment. For the reasons set forth below,- the motions are denied.

*36 Both plaintiff, Knickerbocker Toy, Co., Inc., and defendant, Buddy L Corp., market children’s toy “wrist racers”. A wrist racer is an assemblage of a toy racing car, a launching ramp, and a molded plastic shell covering both the car and the rpnp; all parts are mounted on a plastic watch band. When operated properly, the toy racing ear will run from its perch on a child’s forearm, down the launch ramp, and across any smooth surface. Apparently a healthy market has developed for these toys.

Plaintiff has brought this copyright infringement action in order to preserve what plaintiff views as part of its proprietary interest in its wrist racer. Plaintiff does not allege that defendant has infringed its copyright in its wrist racer assemblage itself; plaintiff admits that that interest is not protected by copyright. Rather plaintiff alleges that defendant has infringed the copyright on its marketing package.

Plaintiff’s marketing package or “blister card” has the following design. On the front of a six by eight inch cardboard sheet, plaintiff has mounted the assemblage. Emblazoned above the assemblage is the product name — WRIST RACERS — and to the left of the racer are two pictures demonstrating the wrist racer in action. The back of plaintiff’s blister card is pictured below.

The Buddy L blister card is a six by nine inch cardboard sheet. The wrist racer assemblage is mounted on the front left hand side. Where the Knickerbocker watch band is furled beneath its racing car, the Buddy L band is stretched flat. Buddy L also places its product name — WIND’N WATCH SPEEDSTER — on the front of its blister card and illustrates its package with a picture of a child using the toy.

On the back of the blister card, Buddy L has placed this drawing.

*37

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Cite This Page — Counsel Stack

Bluebook (online)
547 F. Supp. 35, 218 U.S.P.Q. (BNA) 724, 1982 U.S. Dist. LEXIS 13050, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knickerbocker-toy-co-inc-v-buddy-l-corp-nysd-1982.