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United States Third Circuit


DAM THINGS FROM DENMARK v. RUSS BERRIE & CO., INC., 01-4422

A "troll" doll copyright qualified for restoration under 17 U.S.C. section 104A and was not abandoned, but court's analysis conflated tests for infringement and derivative works, so that qualification for "safe harbor" of 17 U.S.C. section was not considered; comparison between allegedly-infringing dolls and restored dolls was improper.

Appellate Information

  • Argued 03/07/2002
  • Decided 05/14/2002
  • Published 05/14/2002

Judges

  • BEFORE:  BECKER, Chief Judge, ALITO, and RENDELL, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Trent S. Dickey,James M. Hirschhorn, [argued], Sills, Cummis, Radin, Tischman, Epstein & Gross, Newark, NJ, for appellant.

  • For Appellees:
  • Robert L. Sherman, Paul, Hastings, Janofsky & Walker, New York City, for appellee.
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