Warner Bros. Inc. v. Gay Toys, Inc.
United States Court of Appeals for the Second Circuit
724 F.2d 327 (1983)
- Written by Sarah Holley, JD
Facts
Warner Bros. Inc. (plaintiff) produced the successful television series The Dukes of Hazzard, which featured a bright orange 1969 Dodge Charger called “General Lee” that was adorned with a Confederate flag emblem on its roof and the number “01” on its doors. Gay Toys, Inc. (defendant) was a toy manufacturer who, after failing to obtain a license from Warner, proceeded to manufacture and sell a toy car that looked nearly identical to General Lee. Warner brought suit for trademark infringement, arguing that Gay Toy’s toy car created a likelihood of confusion as to its source of sponsorship. On remand, the district court granted summary judgment and a permanent injunction in favor of Warner. Gay Toys appealed, arguing that General Lee was not subject to trademark protection for two reasons: it was functional, and Warner failed to demonstrate that it had acquired secondary meaning.
Rule of Law
Issue
Holding and Reasoning (Oakes, J.)
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