Court of Appeals for the Ninth Circuit July 26, 2002, No. 01-56566; D.C. No. CV-01-02266-RJK (Mattel, Inc. v. Realtoy International, Ltd.)

MEMORANDUM **

This case arises out of a lawsuit involving the trade dress of Mattel, Inc. (“Mattel”) and Realtoy International, Limited’s (“Realtoy”) packaging of similar toy car products.

I

In 1998, Mattel discovered that Realtoy, a Hong Kong based business, was marketing products with packaging very similar to Hot Wheels packaging.