Dam Things from Denmark, a/k/a Troll Company ApS v. Russ Berrie & Co.

290 F.3d 548 (2002)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

Dam Things from Denmark, a/k/a Troll Company ApS v. Russ Berrie & Co.

United States Court of Appeals for the Third Circuit
290 F.3d 548 (2002)

Facts

In the 1950s, Thomas Dam founded Dam Things from Denmark (Dam Things) (plaintiff), a company that manufactured and sold troll dolls. Dam Things held the Danish copyright in the dolls, and, in the 1960s, it sought US copyright registration for several versions of them. However, in 1965, the District Court for the District of Columbia found that the dolls had been published without proper notice and held that they were in the public domain. Russell Berrie founded a company (Russ) (defendant) that manufactured and sold troll items similar to Dam Things’ dolls. In the 1990s, Russ acquired fifteen copyrights for these items, which were registered as derivative works. After this acquisition, Congress amended the Copyright Act to extend automatic copyright restoration to foreign works that had previously entered the public domain under certain circumstances. The grounds for such restoration were enumerated in 17 U.S.C. § 104A. Using this statute, Dam Things sued Russ in federal district court, arguing that Russ’s activity infringed its restored copyright and seeking injunctive relief. On December 20, 2001, the district court granted Dam Things a preliminary injunction that would ultimately prohibit Russ from selling its troll-doll items. The case was then taken up by the Third Circuit on expedited appeal.

Rule of Law

Issue

Holding and Reasoning (Rendell, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 743,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 743,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 743,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership