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Citation[]

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[]

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[]

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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