· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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