![]() ![]() Playmates had also been engaged in discussions with Universal Cartoon Studios prior to Allen's presentation regarding the development of a "hard-edged" robot line. Playmates had been looking for a futuristic robotrelated toy line for several months prior to Allen's presentation and had previously reviewed a variety of robot-related materials. On December 10 or 11, 1991, Allen met with Chris Devine Dailey, an employee of Playmates, and presented three potential toy lines, including BATTLETECH. ![]() In late 1991, FASA entered into an agreement with Robert Allen whereby Allen would present the BATTLETECH concept, story, and models, on behalf of FASA to a number of toy companies in order to find a company to manufacture a BATTLETECH toy line. Playmates markets a toy line consisting of six toys featuring characters and vehicles from the EXOSQUAD cartoon series. ![]() The Neosapiens and humans battle each other, encased in large robotic fighting machines known as "Exo-Frames" or "E-Frames." Segal Decl. The EXOSQUAD story line is set in the 22nd Century and involves confrontations between the conquering, genetically engineered, Neosapien race and an enslaved human race living on Earth, Venus and Mars. Among the MechWarriors' adversaries are the Clan Elementals, "men and women bred to be foot soldiers." FASA Corp., BATTLETECH THE RETURN OF KERENSKY TECHNICAL READOUT: 3050 (1990) at 8. The battles between worlds are dominated by BattleMechs (also called Mechs), massive man-shaped, robotlike tanks of various shapes and designs which are piloted by human soldiers called MechWarriors. The BATTLETECH universe is comprised of empires such as the Star League, an empire consisting of five cosmic houses each of which encompasses hundreds of interstellar worlds. The present lawsuit centers on *1339 Playmates' alleged infringement of FASA's intellectual property and proprietary rights in BATTLETECH by designing and marketing the EXOSQUAD toy line.īATTLETECH created by FASA in 1984 and originally sold as a role-playing game is a fictional universe set in the 31st century. Playmates is a marketer of toys including a line of six toys featuring characters and vehicles found in the EXOSQUAD animated cartoon series. VWE is a virtual reality entertainment company formed by the creators of BATTLETECH to create and develop virtual reality games simulating adventures in the BATTLETECH universe. FASA also licenses the intellectual property and proprietary rights in its fictional universes to third parties for the development of interactive entertainment games, models, miniatures, merchandise, toys and other items. ![]() įASA is the creator, developer, and distributor of various fictional universes, including BATTLETECH, which form the basis for board games, role-playing games, novels, and various game supplements. The following undisputed facts are gleaned from the parties' respective Local Rule 12(M) statements of material facts and accompanying exhibits. Pursuant to Rule 56, Playmates moves for summary judgment on all counts. ("Playmates") alleging federal and common-law unfair competition (Counts I and II, respectively), copyright infringement (Counts III and IV), trademark infringement (Counts V and VI), dilution under Illinois' anti-dilution statute, 765 ILCS 1035/15 (Counts VII and VIII), and tortious interference with prospective business advantage (Count IX). Plaintiffs FASA Corporation ("FASA") and Virtual World Entertainment ("VWE") sue defendant Playmates Toys, Inc. Ryan, Pattishall, McAuliffe, Newbury, Hillard & Geraldson, Chicago, IL, for defendant. Garcia, Kirkland & Ellis, Mark Van Buren Partridge, David C. *1335 *1336 *1337 Karen Beth Ksander, Liza Marie Franklin, Sonnenschein, Nath & Rosenthal, Chicago, IL, for plaintiffs. FASA CORPORATION and Virtual World Entertainment, Plaintiffs, ![]()
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