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Berkeley Systems v. Delrina

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Citation Edit

Berkeley Systems, Inc. v. Delrina Corp., No. C-93-3545-EFL (N.D. Cal. Oct. 21, 1993), reprinted in 18 Computer L. Rep. 626 (1994).

Overview Edit

Berkeley System had a "Flying Toasters" module in its "After Dark" screensaver. Berkeley Systems sued Delrina for copyright and trademark infringement for distributing a Screensaver containing a "Death Toasters" module depicted Opus (from the Bill 'n Opus comic strip) taking shots at a number of flying toasters with a gun. Delrina claimed that its screensaver module was a parody of the "Flying Toaster" module.

Trial Court Proceedings Edit

The court granted Berkeley Systems' motion for preliminary injunction barring Delrina from selling its screensaver. In addition, the court ordered Delrina to make a reasonable effort to recall all copies of the allegedly infringing screensaver that were still in possession of its distributors and retailers.

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