Kyjen Co., Inc. v. Vo-Toys, Inc.

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

Plaintiffs Motion for Summary Judgment is GRANTED.

I. BACKGROUND

Plaintiff Kyjen is a Huntington Beach, California, designer, manufacturer, and distributor of stuffed animals and plush toys, which are marketed mostly as pet toys. Kyjen claims Ms. Hansen, Kyjen’s founder, Secretary, and Treasurer, is the principal designer of the toys. The toys at issue in this Motion are Stanley the Stingray, Oakley the Octopus, Wilbur the Bungee Wiener Dog, Plush Puppy Bungee Rabbit, Plush Puppy Bungee Duck, Plush Puppy Bungee Ball Tug, Tug ‘N Ring Dragon, and Jingle Ball. Kyjen obtained copyright registrations for these eight toys. Kyjen markets and advertises the dog, rabbit, duck, and ball tug as its Bungee Series because they all have elongated, stretchable bodies or tails, and Kyjen obtained a trademark for its term “bungee.”

Defendant Vo-Toys also creates, manufactures, and markets plush pet toys, including a stingray, octopus, dog, rabbit, duck, ball tug, alligator, and ball. Kyjen claims these toys infringe the copyrights of their respective toys because they are so similarly designed that even the number of decorative stitches…