Foley successfully represented client Toys “R” Us in a copyright litigation case. The case involved a plastic pacifier holder shaped like a teddy bear. Toys “R” Us had sold the Baby Buddies plastic bear-shaped pacifier holder for several years. The pacifier was successful, and Toys “R” Us decided to make its own and sell it under the Toys “R” Us private label brand. Toys “R” Us was Baby Buddies’ largest customer; when Toys “R” Us stopped buying the pacifier holder it was a significant hit on Baby Buddies’ business. Baby Buddies then sued Toys “R” Us for copyright infringement.
Toys “R” Us made a motion for summary judgment on the grounds that there was no substantial similarity between the Baby Buddies and Toys “R” Us pacifier holders. The district court granted the motion and Baby Buddies appealed. After a year the 11th Circuit affirmed the district court’s decision. New York office Partner Rob Weisbein and Associate Dana Rundlof worked on the case.
The Court noted that:
“Baby Buddies is trying to invoke the protection of the copyright laws to prevent a competitor from using the idea of putting a sculpted teddy bear and a color-coordinated bow on a ribbon tether to create an aesthetically appealing pacifier holder. But this type of creative competition is entirely consistent with the copyright laws. Baby Buddies has the right to prevent others from copying its creative expression, but not from expressing similar ideas differently. If Baby buddies has found the most appealing way to express its idea, the marketplace will reward it accordingly.”
.