United States District Court, S.D. New York
February 7, 2005.
CHRISHA CREATIONS, LTD., Plaintiff,
GEMMY INDUSTRIES CORP., Defendant.
The opinion of the court was delivered by: ROBERT SWEET, Senior District Judge
Plaintiff Chrisha Creations, Ltd. ("Chrisha") by letter of
November 22, 2004, treated as a motion by the Court returnable
December 1, 2004, sought (1) enforcement of the preliminary
injunction issued November 1, 2004 (the "Injunction"), and (2) a
modification of the Injunction to require a recall of the
products manufactured by defendant Gemmy Industries Corp.
("Gemmy") carrying a notice that the products are covered by a
valid patent (U.S. Patent No. 6,644,843 [the '843 Patent])
contrary to the conclusions reached in the Injunction (the
"enjoined products"). According to Chrisha's unrebutted
submission, the enjoined products have been offered by retailers
in Rhode Island, Massachusetts, Connecticut, Minnesota,
Wisconsin, Tennessee, Oregon and New York. The notice is on the
bottom of the box in which the products are packaged and on the
underside of the products.
Gemmy has complied with the Injunction, having stopped placing
the notice on its products and its packaging and notifying
retailers of the Injunction and requesting the retailers to
return the enjoined products or to conceal the invalid patent
The request for recall of the products was made by Chrisha at
the time of the submissions relating to the Injunction and denied
at that time.
The letter submissions do not establish the ownership of the
mislabelled products in the marketplace. No evidence has been
submitted to require modification of the Injunction.
The motion of Chrisha is denied.
It is so ordered.
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