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Aurora World, Inc., Ty, Inc. Jury Trial Set for January 18, 2011.

Federal Court Determines Multiple Action Dates at Scheduling Conference

PICO RIVERA, Calif. -- Aurora World, Inc., a toy and gift manufacturer that filed a federal copyright lawsuit against competitor Ty, Inc. alleging that Ty's Beanie Boos[TM] infringe on YooHoo & Friends[TM], has announced that the court has set January 18, 2011 as the trial date in that lawsuit (a photo comparing the two product lines is available here). A pretrial conference is scheduled to take place on December 20, 2010.

In its lawsuit, Aurora has alleged claims against Ty for violation of the Copyright Act, Lanham Act, California Business and Professions Code section 17200, common law misappropriation, and common law unfair competition. In papers filed with the Court, Ty informed the Court that it had no intention of selling "Cleo" and "Bubblegum" in the U.S. pending the outcome of this case. Ty's lawyers also advised the Court that Ty had ceased sending out display racks and sell sheets containing images of "Cleo" and "Bubblegum."

Aurora's YooHoo & Friends[TM] were created and based from endangered animals to help educate children and collectors about endangered species and their natural habitats. Aurora officially introduced the fluffy, big-eyed and whimsical plush animals in the United States around July of 2006. Since then, the line has expanded to include various sizes and themes, with more than 50 SKUs available at retail heading into 2010.

Aurora's court documents include images comparing certain YooHoo & Friends[TM] characters with the "Bubblegum" and "Cleo" Beanie Boos[TM]. In its court filings, Aurora contends that, "Ty's unlawful imitations of the YooHoo & Friends products and blatant infringement are damaging Aurora, not only by causing actual confusion and likelihood of confusion in the marketplaceObut also by diminishing the value of the YooHoo & Friends products by diluting their distinct and unique nature and erroneously associating them with Ty rather than Aurora."

About Aurora

Aurora World, Inc. is a leading manufacturer and supplier of high quality, competitively priced plush toys and gifts. Aurora's name reflects its extensive product lines and growing influence in the worldwide marketplace, as well as its international manufacturing, R&D and distribution resources. Founded in 1992, the U.S. company has ascended quickly to become a respected leader in the world's toy and gift industry. Aurora created one of the nation's best selling plush lines - YooHoo & Friends[TM] - and its corresponding free, interactive web site (www.yoohoofriends.com), appealing to young children and tweens alike. The company sells its products via a wide variety of retailers including major zoos, high-end toy stores such as Learning Express, top gift chains such as Hallmark and Claire's as well as hospital gift shops, fine florists, candy stores and gift/stationery stores worldwide.

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Publication:Business Wire
Geographic Code:1U9CA
Date:Mar 30, 2010
Words:465
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