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VOLKSWAGENWERK AKTIENGESELLSCHAFT v. WHEELER

No. 86-1322.

814 F.2d 812 (1987)

VOLKSWAGENWERK AKTIENGESELLSCHAFT, Plaintiff, Appellee, v. Kenneth G. WHEELER, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided March 26, 1987.

Attorney(s) appearing for the Case

Edward J. Collins, Wayland, Mass., for appellants.

Henry C. Dinger with whom Sibley P. Reppert, Andrew A. Rainer and Goodwin, Procter & Hoar, Boston, Mass., were on brief, for appellee.

Before CAMPBELL, Chief Judge, TORRUELLA, Circuit Judge, and PIERAS, District Judge.

PIERAS, District Judge.

This is a trademark and service mark infringement case in which the appellee, Volkswagenwerk Aktiengesellschaft ("VWAG") seeks to enjoin the appellants, Kenneth G. Wheeler, Linda Wheeler, and Brian Wheeler, individually and as owners and operators of "The Beetle Barn," an automobile repair service shop, from using the marks "Beetle," "VW," and "Volkswagen" in any phrase in their advertisements, business cards, or business forms. The United...

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