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Civil Procedure Keyed to Babcock
Christian v. Mattel, Inc.
Citation:286 F.3d 1118 (9th Cir. 2002)
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Hicks, an attorney, filed suit for Plaintiff Christian against Defendant Mattel Inc., alleging that Defendant’s Barbie dolls infringed on Plaintiff Christian’s doll sculpture copyright. Defendant moved for summary judgement and FRCP 11 sanctions both of which were granted by the district court. The attorney Hicks should have discovered prior to filing suit that Defendant Mattel’s dolls could not have infringed on Plaintiff’s doll sculpture copyright because it was created well in advance of Plaintiff’s Claudene doll. Additionally, Hicks was sanctioned for acting crudely during discovery and had a history of misconduct.
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