POWER TEST PETROLEUM DISTRIBUTORS v. CALCU GAS

No. 304, Docket 84-7423.

754 F.2d 91 (1985)

POWER TEST PETROLEUM DISTRIBUTORS, INC., Plaintiff-Appellee, v. CALCU GAS, INC. and Yonkers Overpass Equities Corp., Defendants, Yonkers Overpass Equities Corp., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 29, 1985.


Attorney(s) appearing for the Case

Charles T. Bistany, White Plains, N.Y., for defendant-appellant.

Robert G. Del Gadio, Garden City, N.Y. (John P. Hannigan, Steven M. Jampol, Garden City, of counsel), for plaintiff-appellee.

Before NEWMAN, CARDAMONE and DAVIS, Circuit Judges.


DAVIS, Circuit Judge:

The main question here is whether a gasoline franchisor which purchases a product from a manufacturer and then affixes its own trademark may require that the franchisee market only those products bearing the franchisor's trademark. We hold that, under the principles of trademark law, such an arrangement does not constitute an antitrust violation in this case, and therefore appellant has no valid defense to appellee's claim of trademark infringement...

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