WARNER BROS., INC. v. GAY TOYS, INC.

No. 1598, Docket 81-7373.

658 F.2d 76 (1981)

WARNER BROS., INC., Plaintiff-Appellant, v. GAY TOYS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 24, 1981.


Attorney(s) appearing for the Case

Cowan, Liebowitz & Latman, P. C., New York City (Carol F. Simkin, New York City, of counsel), and Weiss, Dawid, Fross, Zelnick & Lehrman, New York City, (Michael Davis, New York City, of counsel), for plaintiff-appellant.

Milton Wolson, New York City, and Robert G. Mentag, Detroit, Mich., for defendant-appellee.

Before OAKES and KEARSE, Circuit Judges, and RE, Chief Judge.


RE, Chief Judge:

Plaintiff-appellant, Warner Bros., Inc., appeals from the denial of a motion for a preliminary injunction brought to halt the use by the defendant-respondent, Gay Toys, Inc., of certain non-functional, distinctive symbols in the manufacture and sale of defendant's toy car, the "Dixie Racer".

Warner Bros. contends that the unauthorized use of these symbols by Gay Toys constitutes a violation of § 43(a) of the Lanham Trademark Act of 1946...

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