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`(WE-1565)
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`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
`
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`g'
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`
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`AFFIDAVIT OF RONALD BRAWER
`
`mezmzs
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`ARTSANA EXHIBIT 1008-1
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`ARTSANA EXHIBIT 1008-1
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`¢‘
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`5
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`
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`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.
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`2.
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`Relax is in the business of marketing, distributing
`
`and manufacturing juvenile products and has been doing so for
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`approximately four years.
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`3.
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`I first became aware of Tiny Love’s GYMINI Gym upon
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`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
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`products and toys. Consequently,
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`in February of 1995, while I was
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`looking‘
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`through the February issue of
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`Juvenile Merchandising
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`magazine,
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`I saw an activity gym marketed by Tyco under the name
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`"COZY QUILT Gym".
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`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
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`GYMINI Gym.
`
`unnmn
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`-2-
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`ARTSANA EXHIBIT 1008-2
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`ARTSANA EXHIBIT 1008-2
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`”8 L4 85
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`11:19
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`QSTRuLExK FABER ///:)
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`(@vm7
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`5.
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`Later,
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`I was surprised to learn at
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`the New York
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`International Toy Fan;
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`was not
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`a Haensee
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`instead
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`in New York. City m February 1995 that. Tycc
`m
`«*4
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`{,YMTNI Gym design
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`but cupipd
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`2n;
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`d
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`1].
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`ARTSANA EXHIBIT 1008-3
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`ARTSANA EXHIBIT 1008-3
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`CERTIFICATION OF SERVICE
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`It is hereby certified that a true copy of the
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`foregoing AFFIDAVIT or RONALD BEAVER has been served on counsel
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`for Plaintiff this 16th day of June, 1995 as follows:
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`3! FIRST CLASS HAIL, POSTAGE PREPAID:
`
`Susan S. Singer, Esq.
`SINGER & GOGER
`
`111 Mulberry Street
`Renaissance Tower
`Newark, New Jersey
`
`07102
`
`and
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`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
`
`
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`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
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`S400
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`5*
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`.fl’rlss 61%!ng
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`WINNIE THE POOH
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`TOYS, TOYS, TOYS
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`A Blockbuster Classic
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`1995’s Hottest
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`ARTSANA EXHIBIT 1008-6
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`ARTSANA EXHIBIT 1008-6
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`VIDIllllyI.'-I(l
`ran..cuuvuv---ou
`thbllllilonibiillt
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`nsouoI-onlnwn-tla-u
`n-‘.-.J I.
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`ARTSANA EXHIBIT 1008-7
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`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."
`
`
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`t
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`
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`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.
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`JUVENILE MER
`
`CHANDISING FEBRUARY 1995
`
`HAPPY BUYER
`
`“Unique Products that Sell
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`ARTSANA EXHIBIT 1008-8
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`ARTSANA EXHIBIT 1008-8
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