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GENERAL MOTORS CORP. v. GIBSON CHEMICAL & OIL

No. 132, Docket 85-7410.

786 F.2d 105 (1986)

GENERAL MOTORS CORPORATION, Plaintiff-Appellee, v. GIBSON CHEMICAL & OIL CORP., and Lee J. Roth, Defendants-Appellants, and Aid Auto Stores, Inc., Claumar Auto Stores, Inc. d/b/a Aid Auto Store, Anthony Restrepo, Globe Motorist Supply Co., Inc., Globe 3rd Street Realty Inc., Top Value Automotive Exporters Ltd., Alvin G. Cutler, Marc Cutler, Dean Cutler and Joseph Kiliemi, Defendants.

United States Court of Appeals, Second Circuit.

Decided March 21, 1986.

Attorney(s) appearing for the Case

Robert G. Del Gadio, Garden City, N.Y. (Warren S. Beckerman, Garden City, N.Y., of counsel), for defendants-appellants.

Carroll E. Neesemann, New York City (Parker Auspitz Neesemann & Delehanty, Kim J. Landsman and Hollis L. Hyans, New York City, Gilpin, Maynard, Parsons, Pohl & Bennett and Martin D. Beirne, Houston, Tex., of counsel), for plaintiff-appellee.

Before VAN GRAAFEILAND, CARDAMONE and MINER, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Gibson Chemical and Oil Corporation and its president, Lee J. Roth, appeal from an order of the United States District Court for the Eastern District of New York (McLaughlin, J.) granting appellee General Motors Corporation's motion for a preliminary injunction and confirming an ex parte order authorizing the seizure of goods which allegedly infringed a General Motors trademark. Appellants contend that the Trademark Counterfeiting...

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