Warner Bros. Inc., Platiff-appellee, v. Gay Toys, Inc., Defendant-appellant, 724 F.2d 327 (2d Cir. 1983) :: Jtia

Contents:

• GAY TOYS, INC - AMERIN PLASTICS
• GAY TOYS INC - CHMAN US POSTAL SERVICE DELIVERY MOTORCYCLE
• GAY TOYS, INC., PLATIFF-APPELLEE, V. BUDDY L CORPORATN, DEFENDANT-APPELLANT, 703 F.2D 970 (6TH CIR. 1983)
• GAY TOYS, INC. V. BUDDY L CORP., 522 F. SUPP. 622 (E.D. MICH. 1981)
• WARNER BROS., INC., PLATIFF-APPELLANT, V. GAY TOYS, INC., DEFENDANT-APPELLEE, 658 F.2D 76 (2D CIR. 1981)
• WARNER BROS. INC., PLATIFF-APPELLEE, V. GAY TOYS, INC., DEFENDANT-APPELLANT, 724 F.2D 327 (2D CIR. 1983)
• GAY MOSW MOSW CY GUI
• GAY MOSW · CY GUI
• GENEVA COLLEGE ALLEGEDLY FIR GAY SOCCER ACH AFTER INSTAGRAM POSTS ABOUT CLIVENS
• LIFE-LIKE GAY MALE SEX DOLL REALISTIC ASS DONG COCK MALE MASTURBATOR DILDO TOY
• THE BT GAY SEX TOYS AND HOW TO E THEM
• LET’S GET IT ON: THE 23 BT SEX TOYS FOR GAY, BI & QUEER MEN 2022

GAY TOYS, INC - AMERIN PLASTICS

The Ltleton and Yoquelet fai lnched Gay Toys Inc. Gay Toys, Inc.

GAY.

Filed: Febary 18, 1963Plastic Toys, Includg but Not Limed to, Cars, Tcks, Road Machery, Farm Machery, Airplan, Boats, Animals, Gam…Owned by: Gay Toys, Number: 72162940. Filed: May 21, 1984Plastic Toys, Includg but Not Limed to, Cars, Tcks, Road Machery, Farm Machery, Airplan, Boats, Animals, Equipment…Owned by: Gay Toys, Number: 73481150.

GAY TOYS INC - CHMAN US POSTAL SERVICE DELIVERY MOTORCYCLE

Filed: September 18, 1985TOY SPACE PLANE AND SET OF TOY SPACE VEHICLES INCLUDING SPACE PLANE, LANDCRAFT, AND ACTION FIGURESOwned by: Gay Toys, Number: 73558940.

Filed: December 23, 1985TOY CONSTRUCTION VEHICLES, INCLUDING CEMENT TRUCK, FRONT LOADER, AND DUMP TRUCK, AND TRACTOR WITH BACK HOEOwned by: Gay Toys, Number: 73574912.

Filed: December 23, 1985TOY CONSTRUCTION VEHICLES, INCLUDING CEMENT TRUCK, FRONT LOADER, AND DUMP TRUCK, AND TRACTOR WITH BACK HOEOwned by: Gay Toys, Number: 73574913.

GAY TOYS, INC., PLATIFF-APPELLEE, V. BUDDY L CORPORATN, DEFENDANT-APPELLANT, 703 F.2D 970 (6TH CIR. 1983)

This is the Chman US Postal Service Delivery Motorcycle, was released by Gay Toys Inc (later Amerin Plastic Toys, Inc) 1970. The appellee, Gay Toys, Inc., is a toy manufacturer loted Southeastern Michigan. Gay Toys also signed a new toy airplane.

Acrdg to Gay Toys, s Product Development Commtee met late 1979 to discs ias for velopg a new toy airplane. The rult was Gay Toys' "Flyg Eagle I. " Shortly after Gay Toys put s Flyg Eagle I on the market, Buddy L notified Gay Toys that was gg on Buddy L's pyright the Air Coupe.

GAY TOYS, INC. V. BUDDY L CORP., 522 F. SUPP. 622 (E.D. MICH. 1981)

In rponse, Gay Toys menced this actn on November 14, 1980, seekg a claratory judgment that Buddy L's pyright s Air Coupe was valid. GAY TOYS, INC., Platiff,.

The platiff, Gay Toys, Inc., is a rporatn of the State of Michigan and has s prcipal place of bs Walled Lake, Michigan.

Declare that Gay Toys has the right to make, e, and sell, offer for sale, toy airplan of the type and stcture of "The Flyg Eagle I" toy airplane whout threats or terference arisg out of the alleged pyright agast Gay Toys or s ctomers;. 24, 1981Platiff-appellant, Warner Bros., Inc., appeals om the nial of a motn for a prelimary junctn brought to halt the e by the fendant-rponnt, Gay Toys, Inc., of certa non-functnal, distctive symbols the manufacture and sale of fendant's toy r, the "Dixie Racer". Ntends that the unthorized e of the symbols by Gay Toys nstut a vlatn of § 43(a) of the Lanham Tramark Act of 1946, 15 U.

WARNER BROS., INC., PLATIFF-APPELLANT, V. GAY TOYS, INC., DEFENDANT-APPELLEE, 658 F.2D 76 (2D CIR. 1981)

Stat that the e of the symbols by Gay Toys nfn the public's md as to the manufacture and sponsorship of the toy r. Furthermore, giv rise to the false assumptn by the public that Gay Toys' "Dixie Racer" is an thorized reproductn of the "General Lee", an orange, 1969 Dodge Charger wh a Conferate flag emblem, promently featured on "The D of Hazzard", Warner Bros. The qutn prented is whether the District Court erred fdg that the platiff, Warner Bros., failed to show a likelihood of nfn as to the source or sponsorship of the fendant, Gay Toys' product.

We also fd that Gay Toys liberately utilized the symbols to palize on the mand created by "The D of Hazzard" and the "General Lee", orr to divert bs and crease s sal by misleadg nsumers as to the source and sponsorship of the "Dixie Racer".

WARNER BROS. INC., PLATIFF-APPELLEE, V. GAY TOYS, INC., DEFENDANT-APPELLANT, 724 F.2D 327 (2D CIR. 1983)

Moreover, Gay Toys nces that specifilly attempted to explo the market created by Warner Bros. Prr to the succs of "The D of Hazzard", Gay Toys produced a 1969 Dodge Charger toy r, but whout the bright orange lor, the Conferate flag l, or the door numerals which Warner Bros.

Upon beg aware of the tremendo sal potential of a "General Lee" repli, Gay Toys unsuccsfully sought a license om the Licensg Corporatn of Ameri, Warner Bros. Gay Toys, neverthels, proceed to manufacture and distribute the "Dixie Racer", rporatg the symbols. This rulted the sale of over 500, 000 toy rs, and back orrs for 700, 000 more, a much greater quanty than the Gay Toys' earlier mol had ever sold.

GAY MOSW MOSW CY GUI

In this actn for a prelimary junctn barrg Gay Toys om utilizg the "General Lee" symbols the manufacture, promotn and sale of s "Dixie Racer", the legal standard which mt be met by appellant, Warner Bros., is clear. Junctive relief would be to enable Gay Toys "to reap where (i)t has not sown".

Gay Toys, Inc., 658 F. § 1125(a) (1976), that the toy rs marketed by Gay Toys, Inc.

(Gay Toys), and patterned after the "General Lee, "1 an tomobile featured Warner's televisn seri "The D of Hazzard, " tend to nfe purchasers as to their source or sponsorship. At 79; and (4) Gay Toys' e of the "General Lee" symbols created a likelihood of nfn as to the source or sponsorship of the toy rs, id.

GAY MOSW · CY GUI

We rejected Gay Toys' argument that for likelihood of nfn to exist was necsary that Warner be the manufacturer of the real "General Lee" toy r.

GENEVA COLLEGE ALLEGEDLY FIR GAY SOCCER ACH AFTER INSTAGRAM POSTS ABOUT CLIVENS

1018 at 1019, said that our opn "nclively prumed" both the sire of Warner's dience for officially sponsored toys and the liberate creatn by Gay Toys of sufficient nfn to voke the Act. On this appeal Gay Toys renews the argument of "functnaly" ma below.

LIFE-LIKE GAY MALE SEX DOLL REALISTIC ASS DONG COCK MALE MASTURBATOR DILDO TOY

Gay Toys claims the "General Lee" symbols qutn are functnal the sense that they are sential to enable children to play "D of Hazzard" wh the rs.

This is a paradoxil argument, sce is precisely the fact that the symbols provi intifitn that make them "functnal" the sense urged on by Gay Toys, while Warner's exclive right to e s own intifyg symbols is exactly what seeks to protect. Carried to a logil ncln, Gay Toys' argument would enlarge the functnaly fense so as to elimate any protectn for any object, sce prumably each feature of any object is signed to serve a particular "functn" Gay Toys' sense of the term. Gay Toys reli primarily on a Nth Circu se which held that an intifyg signia of a aternal anizatn is functnal and nonprotectable as a tramark when ed on jewelry, at least as long as no one is nfed that the jewelry was ma or licensed by the aterny.

THE BT GAY SEX TOYS AND HOW TO E THEM

Consumer Motivatn Gay Toys' send prcipal argument ncerns the issue of sendary meang. Gay Toys claims that to show sendary meang a tramark holr mt show that nsumers are motivated to buy the allegedly gg goods qutn bee they believe the goods are sponsored or manufactured by a particular source intified by the tramark symbol qutn.

LET’S GET IT ON: THE 23 BT SEX TOYS FOR GAY, BI & QUEER MEN 2022

This is sufficient even though Warner is not a manufacturer of toy rs; is sufficient though there was no showg that nsumers believed that the toy rs marketed by Gay Toys were sponsored or thorized by Warner. Most of the thory Gay Toys provis for s "nsumer motivatn" tt, then, do not really monstrate that the tt has been applied the rtrictive manner Gay Toys urg upon .