Tabberone is pronounced tab ber won |
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Ty v. Publications International, 292 F.3d 512 (7th 2002)
PLAINTIFF: Ty is the manufacturer of Beanie Babies. These well-known beanbag stuffed animals are copyrightable as "sculptural works". DEFENDANT : Publications International, Ltd., publisher of a series of books, with titles such as For the Love of Beanie Babies and Beanie Babies Collector's Guide, that contain photographs of Beanie Babies. PIL's defense to the charge of copyright infringement is the doctrine of fair use. On Ty's motion for summary judgment, the district court rejected the defense, granted the motion, and issued a permanent injunction against PIL's selling any of its Beanie Babies books. It also awarded Ty PIL's profits from the sale of those books, $1.36 million, plus more than $200,000 in prejudgment interest. Court of Appeals reversed lower court saying it was fair use. |