VOLKSWAGENWERK AKTIENGESELLSCHAFT v. VOLKS CITY, INC.

Nos. 15045, 15046.

348 F.2d 659 (1965)

VOLKSWAGENWERK AKTIENGESELLSCHAFT, Appellant in No. 15045, v. VOLKS CITY, INC., Appellant in No. 15046.

United States Court of Appeals Third Circuit.

Decided July 19, 1965.


Attorney(s) appearing for the Case

John J. Gibbons, Crummy, Gibbons & O'Neill, Newark, N. J. (Herzfeld & Rubin, Walter Herzfeld, Herbert Rubin, David Dulles, New York City, on the brief), for appellant in No. 15045 and appellee in No. 15046.

John J. Milton, Jr., Milton, Keane & DeBona, Jersey City, N. J. (Joseph Schoenholz, Newark, N. J., on the brief), for appellant in No. 15046 and appellee in 15045.

Before GANEY and FREEDMAN, Circuit Judges, and KIRKPATRICK, District Judge.


GANEY, Circuit Judge.

The defendant is engaged in the business of selling and servicing new and used automobiles, including Volkswagens, in East Orange, New Jersey. Plaintiff, the manufacturer of Volkswagen vehicles, brought an action to restrain the defendant from trade-mark infringement and unfair competition. The main purpose of the action is to prevent defendant from holding itself out as an authorized franchised Volkswagen...

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