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Toys “R” Us Inc. v. Feinberg

26 F. Supp. 2d 639 (1998)

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Toys “R” Us Inc. v. Feinberg

United States District Court for the Southern District of New York
26 F. Supp. 2d 639 (1998)

  • Written by Philip Glass, JD

Facts

The retailer Toys “R” Us, Inc. (Toys R Us) (plaintiff) specialized in the sale of toys and other family-oriented products throughout the United States but refrained from selling toy guns. Toys R Us registered a plethora of trademarks and domain names using “R” as an abbreviation for the word “are.” Richard Feinberg (defendant) owned and operated a firearms store initially called Guns Are Us, which made most of its gun sales in Massachusetts. However, Guns Are Us did make some gun sales over the internet, as well as some sales to New York firearms dealers. Although Feinberg ultimately renamed the company We Are Guns due to pressure from Toys R Us, the company’s domain name persisted as www.gunsareus.com. This provoked Toys R Us into filing a cause of action against Feinberg for damages and an injunction both against the domain name and against the use of Guns Are Us or Guns Are We as business names.

Rule of Law

Issue

Holding and Reasoning (Schwartz, J.)

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