A total of 16 telephone calls from consumers expressing their feelings about finding McDonald’s “Teeny Beanie Babies” for sale on a home shopping network did not raise a genuine issue of material fact as to whether consumers were likely to be confused as to McDonald’s sponsorship or approval of the sales, the U.S. District Court for the Middle District of Tennessee held Feb. 2, granting the defendants summary judgment on the fast food giant’s unfair competition claim (McDonald’s Corp. v. Shop At Home Inc., M.D. Tenn., No. 3:99-0438, 2/2/00).
Judge Aleta A. Truger, writing for the court, also held that there were no material facts in dispute negating the defendants’ defense under the “first sale” doctrine.
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