5th Circ. Revives IP Suit Over Disney's 'Toy Story 3' Villain

Law360 (November 20, 2019, 5:47 PM EST) -- The Fifth Circuit on Tuesday partially revived a toymaker's lawsuit alleging multiple Disney entities ripped off its trademarked "Lots of Hugs" stuffed bears to create the villain Lotso in "Toy Story 3," finding the lower court unfairly vacated an order allowing the company to amend its complaint without notice.

In a 22-page published opinion, a unanimous three-judge panel said a magistrate judge abused his discretion by vacating a prior order that allowed Diece-Lisa Industries Inc. to amend its complaint for the third time without notice or holding a hearing. The panel said the ruling served as a "shortcut" and got rid...

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