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Evidence keyed to Waltz
Fun-Damental Too v. Gemmy Indus. Corp
Facts
Fun-Damental’s toilet-shaped toy bank made a real flushing sound, and was sold in a number of large and small retail outlets across the country. After a large retailer expressed interest, but ultimately declined to purchase the item because of its relatively high wholesale price in the “impulse product” market, a sales agent for Fun-Damental happened to see a similar product on a visit to the store. Repeated requests to view the product were denied. A similar product had, in fact, been manufactured in order to compete with the toilet bank, and Fun-Damental filed suit for trade dress infringement. The trial judge granted an injunction forbidding continued marketing of the item. Gemmy appealed.
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