JCW Investments, Inc., doing business as Tekky Toys, manufactures Meet Pull My Finger Fred, a plush doll.
Question:
JCW Investments, Inc., doing business as Tekky Toys, manufactures “Meet Pull My Finger Fred,” a plush doll. Fred is a white, middle-aged, overweight man with black hair and a receding hairline, sitting in an armchair wearing a white tank top and blue pants. When one squeezes Fred’s extended finger on his right hand, he farts. He also makes crude funny statements about bodily noises, such as “Did somebody step on a duck?” or “Silent but deadly.” JCW was not happy when Novelty, Inc. began producing Fartman, a plush doll of a white, middle-aged, overweight man with black hair and a receding hairline sitting in an armchair wearing a white tank top and blue pants. Fartman (as his name suggests) also farts when his finger is squeezed and cracks jokes about bodily functions. Can JCW sue Novelty? If so, on what basis? What defenses could Novelty assert on its behalf? [JCW Investments, Inc. v. Novelty, Inc., 509 F.3d 339 (7th Cir. 2007).]
Step by Step Answer:
Managers and the Legal Environment Strategies for the 21st Century
ISBN: 978-0324582048
6th Edition
Authors: Constance E Bagley, Diane W Savage