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VOLKSWAGENWERK AKTIENGESELLSCHAFT v. CHURCH

No. 22071.

411 F.2d 350 (1969)

VOLKSWAGENWERK AKTIENGESELLSCHAFT, Appellant, v. Douglas D. CHURCH, doing business as Modern Specialist, Appellee.

United States Court of Appeals Ninth Circuit.

May 7, 1969.

Attorney(s) appearing for the Case

Marcus Mattson (argued), and Leslie C. Tupper, of Lawler, Felix & Hall, Los Angeles, Cal., Herzfeld & Rubin, New York City, for appellant.

Robert N. Cleaves (argued), Los Angeles, Cal., for appellee.

Before DUNIWAY and ELY, Circuit Judges, and VON DER HEYDT, District Judge.

VON DER HEYDT, District Judge:

This is an action for trademark infringement and unfair competition, brought by appellant Volkswagenwerk Aktiengesellschaft (hereafter "Volkswagen").

In 1958 appellee Church opened an automobile repair business in Long Beach, California. Although in no way connected with appellant or with appellant's wholly-owned subsidiary, Volkswagen of America, Inc., he specialized in the repair of Volkswagen and Porsche vehicles, taking as...

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