When Debbie Does Dallas opened in October 1978, its fictional Texas Cowgirls and their uniforms were unmistakably modeled on the increasingly famous Dallas Cowboys Cheerleaders. In 1979, the Dallas Cowboys Cheerleaders sought to stop New York's Pussycat Theater from showing the film, arguing that the production and its advertising copied the distinctive appearance associated with their squad and falsely suggested an association or approval. The theater countered that a cheerleading uniform was merely a functional garment and therefore could not serve as a trademark.
The case produced a significant ruling under the Lanham Act. The United States Court of Appeals for the Second Circuit affirmed an injunction, holding that even a functional article can acquire trademark protection when its design is nonfunctional in its visual details and has developed a recognizable secondary meaning. The decision later became influential in trademark disputes involving confusion over sponsorship, although free-speech advocates criticized its effect on expressive works. The lawsuit helped transform the film from a successful adult title into a notable early collision between pornography, celebrity branding, and the legal protection of a professional sports image.
Follow the sources
Status and citations are supplied by the archive. AI concept art is an interpretation, not historical evidence.