Aurora World, Inc., Ty, Inc. Jury Trial Set for
January 18, 2011
Federal Court Determines Multiple Action Dates at Scheduling Conference
March 30, 2010 08:03 AM Eastern Daylight Time
PICO RIVERA, Calif.--(EON: Enhanced Online News)--Aurora World, Inc., a toy and gift manufacturer that filed
a federal copyright lawsuit against competitor Ty, Inc. alleging that Ty’s Beanie Boos™ infringe on YooHoo &
Friends™, 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™ 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™ characters with the “Bubblegum”
and “Cleo” Beanie Boos™. 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 marketplace…but also by diminishing the value of the YooHoo & Friends products by diluting