In an article published by Law360, Husch Blackwell Partner James P. White discusses the favorable results of a recent lawsuit where he represented toy company Ty Inc. Aurora World Inc. sued Ty on copyright and trade dress infringement claims involving eight stuffed animals. All trade dress claims were thrown out, as well as six of the eight copyright claims, resulting in dismissal of all these claims against Ty.
"This is an excellent result for us," White said.
In addition, Ty countersued Aurora for false advertising, defamation, trade libel, unfair competition and interference with prospective business and economic advantage, due to a misleading press release distributed by Aurora. The case is Aurora World Inc. v. Ty Inc., case number 2:09-cv-08463, in the U.S. District Court, Central District of California.