Eden Toys, Inc. v. Florelee Undergarment Co.
United States Court of Appeals for the Second Circuit
697 F.2d 27 (1982)
Paddington & Company (copyright holder for Paddington Bear) granted Eden Toys (plaintiff) an exclusive North American license, initially in writing covering "all children's clothing items" and later amended in 1980 to cover all products except books, films, and similar items. When Eden discovered Florelee (defendant) selling an adult nightgown with an image nearly identical to Paddington Bear in 1979, before the 1980 amendment, it sued for infringement without joining Paddington, and the district court granted Florelee summary judgment, finding Eden lacked an exclusive license for adult clothing at the relevant time.
Whether exclusive license holders have standing to sue for copyright infringement without joining the copyright holder.