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plaintiffdefendantinjunctionmotioncopyrighttrademark
plaintiffdefendantinjunctiontrialmotionwillcopyrighttrademark

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Original Appalachian Artworks, Inc. v. Topps Chewing Gum, Inc., 642 F.Supp. 1031, 231 U.S.P.Q. 850, 1986 Copr.L.Dec. P 26,021

Facts

Original Appalachian Artworks, Inc. (OAA) was founded in 1978 and created the popular 'Cabbage Patch Kids' dolls, which have sold over forty million units since their trademark launch in 1982. Topps Chewing Gum, Inc., established in 1938, began distributing 'Garbage Pail Kids' stickers in 1985, which parodied the Cabbage Patch Kids in a rude and violent manner. OAA filed for a preliminary injunction against Topps, claiming that the continued distribution of Garbage Pail Kids would cause irreparable harm to its brand and products.

Defendant Topps Chewing Gum, Inc. (Topps) was founded in 1938. Over the last fifty years it has produced various entertainment products and novelties designed for children, perhaps most notably Bazooka Bubble Gum and baseball trading cards.

Issue

The main legal issues are whether Topps infringed on OAA's copyrights and trademarks and whether OAA is entitled to a preliminary injunction.

The matter is presently before the court on the plaintiff's motion for a preliminary injunction on the grounds that 'unless defendant is so enjoined, it will continue its unfair and infringing acts and that such acts will result in irreparable injury and damage to plaintiff for which there is no adequate remedy at law.'

Rule

To obtain a preliminary injunction, a plaintiff must demonstrate a substantial likelihood of success on the merits, an immediate threat of irreparable injury, that the harm to the plaintiff outweighs the harm to the defendant, and that the injunction is in the public interest.

Nevertheless, in copyright, trademark, and unfair competition cases, as in most others, a plaintiff seeking preliminary injunctive relief must demonstrate: (1) a substantial likelihood of success on the merits at trial; (2) an immediate and real threat of irreparable injury; (3) that the harm to the plaintiff without such injunction outweighs the harm to the defendant emanating from the granting of such injunction; and (4) that the granting of the injunction is consistent with the interests of the public.

Analysis

The court found that OAA demonstrated a substantial likelihood of success on its copyright infringement claim, as it owned valid copyrights and there was evidence of direct copying by Topps. The court also determined that the use of the 'Garbage Pail Kids' mark was likely to cause confusion with OAA's 'Cabbage Patch Kids' mark, thus supporting OAA's trademark infringement claim. The court assessed the fair use defense and concluded that Topps' use was primarily commercial and not protected as parody, further supporting OAA's claims.

The court finds that the plaintiff has sufficiently demonstrated a likelihood of success on the merits as to its copyright infringement claim.

Conclusion

The court granted OAA's motion for a preliminary injunction, concluding that OAA had sufficiently demonstrated a likelihood of success on the merits of its claims and that the potential harm to OAA outweighed any harm to Topps.

For all the foregoing reasons, the court finds that there is a likelihood of confusion as to origin, approval, endorsement or other association of the Garbage Pail Kids' products and mark with the plaintiff.

Who won?

Original Appalachian Artworks, Inc. prevailed in the case because the court found a substantial likelihood of success on its copyright and trademark claims, as well as evidence of potential irreparable harm.

The court granted OAA's motion for a preliminary injunction, concluding that OAA had sufficiently demonstrated a likelihood of success on the merits of its claims and that the potential harm to OAA outweighed any harm to Topps.

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