Murray v. British Broadcasting Corp.
United States Court of Appeals for the Second Circuit
81 F.3d 287 (1996)
- Written by Wesley Bernhardt , JD
Facts
Dominic Murray (plaintiff), a citizen of the United Kingdom, designed and manufactured costumes in England. Murray made a costume for Noel Edmonds, a host on a television program made by the British Broadcasting Corporation (BBC) (defendant). This costume became known as “Mr. Blobby.” In 1993, the BBC began selling merchandise based off of Mr. Blobby. Murray intended to file suit in the United Kingdom for these merchandise sales but could not afford to do so. Subsequently, in 1994, the BBC started marketing Mr. Blobby in the United States. Murray retained American counsel and filed suit, claiming false designation of origin, copyright infringement, and unfair competition. The district court dismissed Murray’s suit based upon forum non conveniens, and Murray appealed.
Rule of Law
Issue
Holding and Reasoning (Winter, J.)
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