Warner Bros., Inc. v. Gay Toys, Inc.
United States Court of Appeals for the Second Circuit
658 F.2d 76 (1981)
After failing to obtain a license for The Dukes of Hazzard's General Lee car, Gay Toys (defendant) manufactured and sold hundreds of thousands of a nearly identical orange 1969 Dodge Charger toy with a Confederate flag, marketed by retailers as The Dukes of Hazzard Car and believed by most children who played with it to be the General Lee; Warner Bros. (plaintiff) sued for trademark infringement and sought a preliminary injunction. The district court denied the injunction, reasoning Warner Bros. could not show confusion about the toy's manufacturing source since Warner Bros. did not make toys, and Warner Bros. appealed.
Whether confusion about a product's sponsorship, as distinct from confusion about its actual manufacturing source, may create an actionable trademark infringement claim.