From our private database of 14,100+ case briefs...
Warner Bros., Inc. v. Gay Toys, Inc.
United States Court of Appeals for the Second Circuit
658 F.2d 76 (1981)
Warner Bros., Inc. (Warner Bros.) (plaintiff) was a film and television production company. It created a very successful television series called The Dukes of Hazzard. The Dukes of Hazzard featured a bright orange 1969 Dodge Charger called the General Lee that was adorned with a Confederate flag and the number “01” on its doors. Gay Toys, Inc. (Gay Toys) (defendant) was a toy manufacturer. Gay Toys tried unsuccessfully to license the General Lee from Warner Bros. Despite not having a license, Gay Toys proceeded to manufacture and sell a bright orange 1969 Dodge Charger toy car called the Dixie Racer that was adorned with a Confederate flag and the number “10” on its doors. Gay Toys sold hundreds of thousands of Dixie Racer toy cars. Warner Bros. sued Gay Toys for trademark infringement and sought a preliminary injunction against Gay Toys. Warner Bros. submitted evidence that: (1) most children who played with the Dixie Racer believed it was the General Lee, and (2) retailers marketed the Dixie Racer as “The Dukes of Hazzard Car.” The district court denied the preliminary injunction, finding that Warner Bros. had failed to show a likelihood of confusion regarding the source or sponsorship of the Dixie Racer. The court reasoned that Warner Bros. would not be able to prove confusion of the source of the Dixie Racer because Warner Bros. is not in the business of manufacturing toys. Warner Bros. appealed.
Rule of Law
Holding and Reasoning (Re, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.