Wyatt Earp Enterprises, Inc. v. Sackman, Inc.

Wyatt Earp Enterprises, Inc. (plaintiff) was the producer and owner of the successful television series The Life and Legend of Wyatt Earp. The series was broadcast worldwide over the facilities of the American Broadcasting Co. and from its inception had been among one of the most popular television series in the nation. Wyatt Earp Enterprises, as a result, entered into the business of licensing merchandising rights in connection with the series to control the nature of the goods so licensed and preserve its goodwill. Wyatt Earp Enterprises entered into one such licensing agreement with Sackman, Inc. (defendant), a manufacturer of children’s playsuits. But when the parties’ licensing agreement expired, Sackman continued to manufacture children’s playsuits under the name, mark, and symbol of Wyatt Earp, although without using the name and likeness of the lead actor in that role and without specific reference to ABC-TV. Despite the changes, Sackman’s playsuits bore a striking resemblance to the playsuits it had manufactured under license. Wyatt Earp Enterprises brought suit to enjoin Sackman from manufacturing children’s playsuits under the name, mark, and symbol of Wyatt Earp, on the ground that the name had acquired secondary meaning in connection with the series and that the public was likely to attribute Sackman’s use of the name with Wyatt Earp Enterprises as a source of sponsorship and purchase the Sackman’s goods in that erroneous belief.