Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Transcience Corp. v. Big Time Toys, LLC

United States District Court, S.D. New York

September 23, 2014

TRANSCIENCE CORPORATION and YOLANDA VON BRAUNHUT, Plaintiffs,
v.
BIG TIME TOYS, LLC, Defendant

Page 442

[Copyrighted Material Omitted]

Page 443

[Copyrighted Material Omitted]

Page 444

For Transcience, Yolanda Von Braunhut, individual, Plaintiffs: William Timmons, William Timmons, Esq., Sayville, NY.

For Big Time Toys, LLC, Defendant: John A. Stone, LEAD ATTORNEY, Decotiis, Fitzpatrick, Cole & Wisler, LLP, Teaneck, NJ.

Page 445

OPINION AND ORDER

Edgardo Ramos, United States District Judge.

Plaintiffs Transcience Corporation and Yolanda Von Braunhut (collectively, " Plaintiffs" ) bring this action against Big Time Toys, LLC (" Defendant" ), alleging, inter alia, breach of contract and trademark and copyright infringement. Plaintiffs are the owners of the " Sea-Monkeys" product: hybrid brine shrimp that hatch from eggs into " live micro-crustaceans." Am. Compl. ¶ 16. Plaintiffs allege that Big Time Toys, inter alia, breached a contract relating to the licensing of the " Sea-Monkeys" product.

Pending before the Court are Defendant's motion to dismiss the Amended Complaint (Doc. 16), and Plaintiffs' motion for a preliminary injunction (Doc. 19). For the reasons discussed below, Defendant's motion to dismiss is GRANTED in part and DENIED in part, and Plaintiffs' motion for a preliminary injunction is DENIED. Plaintiffs are granted leave to replead the breach of contract claim within thirty (30) days of the date of this Order.

I. Factual Background

Transcience Corporation and its Chief Executive Officer, Yolanda Von Braunhut, are the sole and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.