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Silberstein v. Fox Entertainment, et al.

Won summary judgment for Twentieth Century Fox in a copyright and trademark infringement case concerning the "Scrat" character in the animated motion picture "Ice Age."
Defended Twentieth Century Fox (and its licensees) from copyright and trademark infringement claims based on the alleged use of plaintiff's "Sqrat" squirrel rat character as the basis for the saber-toothed squirrel "Scrat" character in Fox's animated feature film "˜Ice Age." Successfully defeated two motions for preliminary injunction (one to enjoin the theatrical release and one to enjoin the home video release). Obtained dismissal on summary judgment motion. Court found, among other things, lack of substantial similarity and lack of access. Summary Judgment affirmed by the Second Circuit.