Alex Toys sells, among other things, toy cars. VW sent a demand letter alleging that some of its toy cars infringed its trade dress in the VW ‘beetle” (VW sells (or licenses) beetle-shaped cars). VW filed a complaint but never served it. Negotiations ensued but didn’t lead to resolution. Alex filed an action for a declaration of non-infringement.
Panline USA dba Alex Toys v. Volkswagen Aktiengesellcahft, 07 CIV 10272 (SDNY Nov 13 2007) (without exhibits).