Logourl black
From our private database of 14,200+ case briefs...

Original Appalachian Artworks, Inc. v. Granada Electronics, Inc.

United States Court of Appeals for the Second Circuit
816 F.2d 68 (1987)


Facts

Jesmar, S.A. (Jesmar) had a restrictive license to manufacture and sell Cabbage Patch Kids dolls from the trademark owner, Original Appalachian Artworks, Inc. (OAA) (defendant), under which Jesmar could only sell the dolls in Spain. The Spanish Cabbage Patch Kids have Spanish adoption papers, which are different from those of the Cabbage Patch Kids manufactured in the United States, but the Spanish Cabbage Patch Kids still bore the original trademark. Dolls that were manufactured in the United States had adoption papers in English, and the purchasers could register the dolls with OAA in order to receive birthday cards from OAA. When Granada Electronics, Inc. (Granada) (plaintiff) imported and sold in the United States some of the Spanish Cabbage Patch Kids made by Jesmar in Spain, OAA sued to bar the importation of dolls bearing its trademark but manufactured abroad. The district court granted OAA a permanent injunction against Granada’s importing and selling of the dolls in the United States. The district court found the adoption process of OAA in the United States to be an important element of what made the dolls popular and successful. Despite the fact that the dolls were allowed through the United States Customs Service, the district court found that the trademark owner could still pursue a private remedy against the importer for violations of his rights. Granada appealed this decision.

Rule of Law

Issue

Holding and Reasoning (Oakes, J.)

Concurrence (Cardamone, 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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.

Here's why 250,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 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.