WARREN S. ROBINS, ESQ.
`
`(WE-1565)
`
`DUNN, PASHMAN, SPONZILLI & FINNERTY
`CONTINENTAL PLAZA II
`411 HACKENSACK AVENUE
`HACKENSACK, NEW JERSEY 07601
`Telephone:
`(201) 489-1500
`Facsimile:
`(201) 489~1512
`
`/
`
`ROBERT C. FABER, ESQ.
`DOUGLAS A. MIRO, ESQ.
`MARC A. LIEBERSTEIN, ESQ.
`OSTROLENK, FABER, GERB & SOFFEN
`1180 AVENUE OF THE AMERICAS
`NEW YORK, NEW YORK
`10036-8403
`Telephone:
`(212) 382-0700
`Facsimile:
`
`(2l2) 382—0888
`
`Attorneys for Tiny Love, Ltd. and
`The Maya Group, Inc.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`___________________________________ x
`
`TYCO INDUSTRIES,
`
`INC.
`
`Plaintiff,
`
`v.
`
`:
`
`:
`
`:
`
`TINY LOVE, LTD. and
`THE MAYA GROUP:
`INC- I
`
`:
`,
`‘
`:
`:
`Defendants
`...................................X
`TINY LOVE, LTD.
`:
`
`Plaintiff on
`the Counterclaims,
`
`v.
`
`TYCO INDUSTRIES,
`
`INC.,
`
`.
`:
`
`0
`
`:
`
`:
`Defendant on
`:
`Counterclaims.
`___________________________________X
`
`Civil Action No. 95‘1135
`
`d
`
`I HEREBY CERTIFY that the above an
`foregoing is a true fand corked copy: ‘
`of the origina} on file in my" office._
`U > a, ' g E»- . QT COURT
`
`,
`g'
`‘
`z
`
`
`
`AFFIDAVIT OF RONALD BRAWER
`
`mezmzs
`
`ARTSANA EXHIBIT 1008-1
`
`
`
`
`
`g
`
`E
`E
`
`g
`g
`
`i
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`
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`ARTSANA EXHIBIT 1008-1
`
`

`

`
`
`
`
`¢‘
`
`,E i‘
`
`5
`
`
`
`STATE OF PENNSYLVANIA
`
`COUNTY OF MONTGOMERY
`
`I, Ronald Brawer, hereby attest to the following:
`
`1.
`
`I am the owner and President of Relax Incorporated
`
`(hereinafter
`
`"Relax")
`
`located at
`
`110 North Keswick Avenue,
`
`Glenside, Pennsylvania
`
`19038.
`
`2.
`
`Relax is in the business of marketing, distributing
`
`and manufacturing juvenile products and has been doing so for
`
`approximately four years.
`
`3.
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`I first became aware of Tiny Love’s GYMINI Gym upon
`
`its introduction to the marketplace in October of 1993.
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`I believe
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`that Tiny Love has created a unique design and appearance for its
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`GYMINI Gym activity gym. Although there are other activity gyms,
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`toy bars and blankets, nothing in the marketplace looks like the
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`GYMINI Gym.
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`4.
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`I customarily look for the introduction of new baby
`
`products and toys. Consequently,
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`in February of 1995, while I was
`
`looking‘
`
`through the February issue of
`
`Juvenile Merchandising
`
`magazine,
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`I saw an activity gym marketed by Tyco under the name
`
`"COZY QUILT Gym".
`
`I thought that it looked identical to the GYMINI
`
`Gym which caused me to become confused as to the source of the COZY
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`QUILT Gym.
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`I assumed that Tiny Love had licensed Tyoo to sell the
`
`GYMINI Gym.
`
`unnmn
`
`-2-
`
`ARTSANA EXHIBIT 1008-2
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`ARTSANA EXHIBIT 1008-2
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`

`

`”8 L4 85
`
`11:19
`
`€3212(::Q 088$
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`QSTRuLExK FABER ///:)
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`\
`
`(@vm7
`
`5.
`
`Later,
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`I was surprised to learn at
`
`the New York
`
`International Toy Fan;
`
`was not
`
`a Haensee
`
`instead
`
`in New York. City m February 1995 that. Tycc
`m
`«*4
`.."I~‘-'5~
`{,YMTNI Gym design
`
`but cupipd
`
`2n;
`
`d
`
`1].
`
`
`
`
`
`
`
`
`
`
`
`ARTSANA EXHIBIT 1008-3
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`ARTSANA EXHIBIT 1008-3
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`

`

`CERTIFICATION OF SERVICE
`
`It is hereby certified that a true copy of the
`
`foregoing AFFIDAVIT or RONALD BEAVER has been served on counsel
`
`for Plaintiff this 16th day of June, 1995 as follows:
`
`3! FIRST CLASS HAIL, POSTAGE PREPAID:
`
`Susan S. Singer, Esq.
`SINGER & GOGER
`
`111 Mulberry Street
`Renaissance Tower
`Newark, New Jersey
`
`07102
`
`and
`
`3! FIRST CLASS HAIL, POSTAGE PREPAID:
`
`Roberta Jacobs—Headway, Esq.
`Steven H. Meyer, Esq.
`PANITCH, SCHWARZE,
`JACOBS & NADEL, P.C.
`1601 Market Street, 36th Floor
`Philadelphia , PA 19103
`
`Lm120583
`
`
`
`ARTSANA EXHIBIT 1008-4
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`ARTSANA EXHIBIT 1008-4
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`

`

`
`
` mic:A
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`ARTSANA EXHIBIT 1008-5
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`ARTSANA EXHIBIT 1008-5
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`

`

`FEBRUAEY 1995
`
`S400
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`
`
`
`
`
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`5*
`
`.fl’rlss 61%!ng
`
`WINNIE THE POOH
`
`TOYS, TOYS, TOYS
`
`A Blockbuster Classic
`
`1995’s Hottest
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`ARTSANA EXHIBIT 1008-6
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`ARTSANA EXHIBIT 1008-6
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`

`

`eo~ 1.. u.- 0".
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`
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`...-.-uncnoqL-.-.
`
`.lllliiui firrinojllll
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`
`
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`VIDIllllyI.'-I(l
`ran..cuuvuv---ou
`thbllllilonibiillt
`.uun-.
`nsouoI-onlnwn-tla-u
`n-‘.-.J I.
`
`ARTSANA EXHIBIT 1008-7
`
`ARTSANA EXHIBIT 1008-7
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`

`

`_
`..-_.
`orourc'
`Products that Sell“. come see us
`: ‘ElJnirtt/t-
`.l.ivits Cuntlsr. "qoth #1670.
`at the Tnv l m
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`§
`
`:I‘le Pooh licensee in years past
`Borden has beg;
`i was controlledby Sears.” said-
`when the Pooh be”;
`Tracey Long. Asscnrate Product Manager at Borden
`Home Wallcoverings. “All previous Pooh products
`were discontinued in 1994. Now, only the new Pooh
`designs will be carried by Borden Home Wallcover—
`ings. and our tour new borders are designed to coor—
`dinate with products made by the bedding manufac-
`turers that also hold the Pooh license. These new
`designs capture all of the fun and warmth of the
`Pooh we have grown to love and place the charac-
`ters in updated color palettes and situation art. Dis-
`ney‘s extensive promotion of Pooh should help cre‘
`ate even more brand awareness for the entire line of
`products to consumers. To Borden. that consumer
`awareness for the brand translates to great con-
`sumer awareness for our products!"
`There appears to be a recurring sentiment ex
`pressed about Winnie the Pooh. He embodies the
`qualities of kindness, goodness and innocence—val-
`ues that transcend the ages. A tradition is defined as
`as been handed down from genera—
`Pooh. the venerable bear who
`tion to generation.
`i time. has become an American
`has stood the test 0
`h. Disney is
`tradition. With a savvy marketing pus
`reintroducing this tradition to t
`ninety-five is shaping up to be the 'Year of Pooh."
`
`
`
`t
`
`
`
`to be very successful."
`all three programs are going
`Pooh nursery
`Dolly's license encompasses both
`decor accessories and Pooh diaper
`Pooh themes include “Winnie the Pooh Bedtime."
`targeted to mid-tier level st res, with IC Penney as
`. “Winnie the Pooh Balloon
`
`to the mass-market merchants
`tomer is Wal-Mart. Eight colorful
`where the major cus
`d for both mid-tier
`Pooh character themes. create
`ke up Dolly‘s line of
`and mass-market programs. ma
`Pooh diaper bags.
`When Disney throws its marketing power behind
`the re-launch of a character theme, the licensees. the
`retailers and the consumers reap the benefits. Manu-
`facturers across the product categories are cooper-
`ating to make coordinated products, allowing con-
`sumers the advantage of mixing and matching to
`complete their theme decorating. For instance. Bor-
`den Home Wallcovenngs has created Bedtime Pooh
`k Pooh wall borders to coordinate with
`Red Calliopes Pooh bedding. and Borden‘s Pooh
`Friendship wall borders were designed to coordi-
`nate with iuvenile bedding from Warnsutta.
`
`JUVENILE MER
`
`CHANDISING FEBRUARY 1995
`
`HAPPY BUYER
`
`“Unique Products that Sell
`
`ARTSANA EXHIBIT 1008-8
`
`ARTSANA EXHIBIT 1008-8
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`