Whimsicality, Inc., Cross-Appellee v. Rubie's Costume Co., Inc., Cross-Appellant

U.S. Court of Appeals, Second Circuit · Decided 1989-12-15

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From the opinion

TIMBERS, Circuit Judge: Appellant Whimsicality, Inc. (“Whimsicality”) and appellee Rubie’s Costume Co., Inc. (“Rubie’s”) are competing costume designers and manufacturers. Believing that Rubie’s was selling “knock-offs” of its costumes, Whimsicality commenced the instant action and sought initially a preliminary injunction to prevent further manufacture and sale of the alleged k…

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