Legal Opinion

Warner Bros. Inc. v. Gay Toys, Inc.

Court of Appeals for the Second Circuit

Decided December 21, 1983No. 161, Docket 83-7365PublishedCited by 101 opinions

1Opinion of the Court

OAKES, Circuit Judge:

This is the rather unusual case of an appeal from the grant of a final injunction after this court had directed the district court to enter a preliminary injunction. Warner Bros. Inc. v. Gay Toys, Inc., 658 F.2d 76 (2d Cir.1981). On remand, the United States District Court for the Southern District of New York, Whitman Knapp, Judge, granted summary judgment for Warner Bros. Inc. (Warner), on its claim under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (1976), that the toy cars marketed by Gay Toys, Inc. (Gay Toys), and patterned after the “General Lee,” 1 an…

2Cases cited25 opinions

  1. Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
  2. Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
  3. Hamilton Watch Co. v. Benrus Watch Co., IncCourt of Appeals for the Second Circuit · 1953
  4. Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
  5. Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd. And Michael ZaffaranoCourt of Appeals for the Second Circuit · 1979

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3Cited by101 opinions

  1. Boston Athletic Association v. Mark Sullivan, Etc.Court of Appeals for the First Circuit · 1989
  2. Lesportsac, Inc. v. K Mart CorporationCourt of Appeals for the Second Circuit · 1985
  3. L.A. Gear, Inc., Plaintiff/cross-Appellant v. Thom McAn Shoe Company and Melville Corporation and Pagoda Trading Company, Inc.Court of Appeals for the Federal Circuit · 1993
  4. Dorothy Ruth Pirone, Julia Ruth Stevens, Babe Ruth League, Incorporated and Curtis Management Group, Incorporated v. MacMillan IncorporatedCourt of Appeals for the Second Circuit · 1990
  5. Christian Louboutin S.A. v. Yves Saint Laurent America Holding, Inc.Court of Appeals for the Second Circuit · 2012

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