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ESERCIZIO v. ROBERTS

No. 90-5734.

944 F.2d 1235 (1991)

Ferrari S.P.A. ESERCIZIO Fabriche Automobili E Corse, Plaintiff-Appellee, v. Carl ROBERTS, d/b/a Roberts Motor Company, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 5, 1991.

Attorney(s) appearing for the Case

Ed E. Williams, III, Robert D. Van de Vuurst, Baker, Worthington, Crossley, Stansberry & Woolf, Johnson City, Tenn., Albert Robin, Jonathan I. Blackman (argued), Lawrence B. Friedman (briefed), Cleary, Gottlieb, Steen & Hamilton, New York City, for plaintiff-appellee.

W.F. Shumate (argued and briefed). Bobby Bishop, Jr., Steven K. Bowling, Richard S. Wirtz, Knoxville, Tenn., for defendant-appellant.

Before KENNEDY and RYAN, Circuit Judges, and FEIKENS, Senior District Judge.

RYAN, Circuit Judge.

This is a trademark infringement action brought pursuant to the Lanham Act, 15 U.S.C. § 1051, et seq. The principal issue is whether the district court correctly concluded that plaintiff Ferrari enjoyed unregistered trademark protection in the exterior shape and appearance of two of its automobiles and, if so, whether defendant Roberts' replicas of Ferrari's designs infringed that protection, in violation of section 43(a) of the Lanham...

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