Aurora World, Inc. v. Ty Inc.

Good Law

719 F. Supp. 2d 1115·2009 WL 6617192·2009 U.S. Dist. LEXIS 129128

United States District Court, Central District of CaliforniaDecember 15, 2009Case CV 09-08463 MMM (Ex)California29,364 words

Opinion

Morrow, J.

ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

Plaintiff Aurora World, Inc. commenced this action on November 17, 2009, alleging copyright and trademark infringement, as well as state law unfair competition and misappropriation claims. Shortly thereafter on November 19, 2009, plaintiff filed a motion for preliminary injunction, which if granted would enjoin defendant Ty Inc. from selling or marketing its line of Beanie Boo dolls. On December 2, 2009, Ty op posed plaintiffs motion.

I. FACTUAL BACKGROUND

Aurora is one of the world’s leading manufacturers of soft toys in the global gift industry. In or before January 2007, Aurora launched its YooHoo & Friends brand of plush toy characters. In addition to these stuffed toys, Aurora has created a virtual world (i.e., an interactive website) called YooHoo & Friends that is populated by characters known as the “YooHoos.” The YooHoos are animals, many of which are endangered species. Plaintiff asserts that the plush toys “possess a distinctive look and feel, characterized by large heads, specially-tooled and designed large round eyes with large black pupils and colored borders, and recognizable stitching patterns,…

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