Civil Procedure Keyed to Friedenthal
Too, Inc. v. Kohl
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Windstar hired Mia DeCaro to design a line of girl’s sleep-wear, and Paula Abraham was hired to sell the line to retailers. DeCaro’s product line violated the copyrights and trademarks of Plaintiff, Too, Inc. Abraham was aware of the infringement when she sold the product line to Defendant retailer, Kohl’s Department Sores. Windstar moved to file a third-person complaint against DeCaro and Abraham for contribution and indemnification of Windstar if they were found liable. Plaintiff argued that there was no factual or legal basis for the third-party complaint, that impleading the two employees would prejudice Plaintiff, that the motion was untimely and that it will complicate and delay the trial.
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