Judges on the 11th U.S. Circuit Court of Appeals will take a close look at the short-shorts and tight tank tops of the “Hooters Girls” to determine whether the restaurant servers’ scant outfits deserve trade dress protection.
Last December, a U.S. District Court judge in Orlando, Fla., ruled that the “Hooters Girl” persona is “primarily functional” and therefore is not entitled to trade dress protection. HI Ltd. Partnership v. Winghouse of Florida, Inc., No. 6:03-cv-116 (M.D. Fla. 2004).
U.S. District Judge Anne C. Conway found that the “Hooters Girl” was “the very essence of Hooters’ business,” whose “predominant function is to provide vicarious sexual recreation, to titillate, entice, and arouse male customers’ fantasies.”
Ahem! Details here from the Fulton County Daily Report via Law.com.
Judges on the 11th U.S. Circuit Court of Appeals will take a close look at the short-shorts and tight tank tops of the “Hooters Girls” to determine whether the restaurant servers’ scant outfits deserve trade dress protection.
Last December, a U.S. District Court judge in Orlando, Fla., ruled that the “Hooters Girl” persona is “primarily functional” and therefore is not entitled to trade dress protection. HI Ltd. Partnership v. Winghouse of Florida, Inc., No. 6:03-cv-116 (M.D. Fla. 2004).
U.S. District Judge Anne C. Conway found that the “Hooters Girl” was “the very essence of Hooters’ business,” whose “predominant function is to provide vicarious sexual recreation, to titillate, entice, and arouse male customers’ fantasies.”
Ahem! Details here from the Fulton County Daily Report via Law.com.
Judges on the 11th U.S. Circuit Court of Appeals will take a close look at the short-shorts and tight tank tops of the “Hooters Girls” to determine whether the restaurant servers’ scant outfits deserve trade dress protection.
Last December, a U.S. District Court judge in Orlando, Fla., ruled that the “Hooters Girl” persona is “primarily functional” and therefore is not entitled to trade dress protection. HI Ltd. Partnership v. Winghouse of Florida, Inc., No. 6:03-cv-116 (M.D. Fla. 2004).
U.S. District Judge Anne C. Conway found that the “Hooters Girl” was “the very essence of Hooters’ business,” whose “predominant function is to provide vicarious sexual recreation, to titillate, entice, and arouse male customers’ fantasies.”
Ahem! Details here from the Fulton County Daily Report via Law.com.
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