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GETTY PETROLEUM CORP. v. ISLAND TRANSP. CORP.

No. 1289, Docket 88-7268.

862 F.2d 10 (1988)

GETTY PETROLEUM CORP., Plaintiff-Appellee, v. ISLAND TRANSPORTATION CORP., Skybolt Auto Service, Inc., Vito P. Gerbino, Vincent R. Gerbino, Thunderking, Inc., Tri-Star Brokers, Inc., Turgot Ozen, Salem Heat & Petroleum Corp., and Lewis Cahill, Defendants, Salem Heat and Petroleum Corp., and Lewis Cahill, Defendants-Appellants. SALEM HEAT & PETROLEUM CORP., and Lewis Cahill, Third-Party Plaintiffs, v. SKYBOLT AUTO SERVICE, INC., Thunderking, Inc., Vito P. Gerbino, and Vincent R. Gerbino, Third-Party Defendants.

United States Court of Appeals, Second Circuit.

Decided October 20, 1988.

As Amended December 15, 1988.

Attorney(s) appearing for the Case

Carl S. Levine, Mitchel Field, N.Y. (Meredith Barg, Levine & Robinson, Mitchel Field, N.Y., of counsel), fordefendants-appellants.

Robert G. Del Gadio, Garden City, N.Y. (Randolph E. White, Garden City, N.Y., of counsel), for plaintiff-appellee.

C. Fred Weil, Jericho, N.Y. (Davis & Weil, Jericho, N.Y., of counsel), submitted brief for third-party defendants-appellees.

Before NEWMAN, KEARSE, and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal from the Eastern District of New York presents four issues of law arising from the infringement of a registered trademark. Appellants Salem Heat & Petroleum Corp. and Lewis Cahill appeal from a jury verdict which found that they had secretly and unlawfully sold and delivered non-Getty brand gasoline to two Long Island Getty-branded service stations in 1985 and 1986, intentionally infringing...

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