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· 8/14/1979

Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd. And Michael Zaffarano

Citations

  • 604 F.2d 200
  • 5 Media L. Rep. (BNA) 1814
  • 203 U.S.P.Q. (BNA) 161
  • 1979 U.S. App. LEXIS 12494

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an injunction pursuant to the Lanham Act was not a prior restraint because trademark infringement implicated property rights, not speech rights
  • enjoining distribution of film on ground that actresses’ uniforms infringed plaintiff's trademark
  • unauthorized use of uniform of Dallas Cowboys Cheerleaders in pornographic film found to cause “confusion which has ‘a tendency to impugn’ ”
  • “This is not a case of government censorship, but a private plaintiffs attempt to protect its property rights.”
  • “It is well established that, if the design of an item is nonfunctional ..., the design may become a trademark even if the item itself is functional.”
  • dilution by showing “sexually depraved film” using distinctive uniforms “almost identical” with those of plaintiffs

Source: CourtListener parenthetical corpus (CC0).

Judges: Mulligan, Timbers, Van Graafeiland

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.