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AU-TOMOTIVE GOLD, INC. v. VOLKSWAGEN OF AMERICA, INC.

No. 04-16174.

457 F.3d 1062 (2006)

AU-TOMOTIVE GOLD, INC., Plaintiff-Appellee, v. VOLKSWAGEN OF AMERICA, INC.; Audi of America, Inc; Volkswagen Aktiengesellschaft; Audi Aktiengesellschaft, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 11, 2006.

Attorney(s) appearing for the Case

Gregory D. Phillips, Howard, Phillips & Anderson, Salt Lake City, UT; Scott R. Ryther, Howard, Phillips & Anderson, Salt Lake City, UT, for the defendant-appellant.

H. Kenneth Kudon, Kudon Law Firm, Potomac, MD, for the plaintiff-appellee.

Before ARTHUR L. ALARCÓN and M. MARGARET McKEOWN, Circuit Judges, and H. RUSSEL HOLLAND, Senior District Judge.

McKEOWN, Circuit Judge.

This case centers on the trademarks of two well-known automobile manufacturers—Volkswagen and Audi.1 The question is whether the Lanham Act prevents a maker of automobile accessories from selling, without a license or other authorization, products bearing exact replicas of the trademarks of these famous car companies. Au-Tomotive Gold, Inc. ("Auto Gold") argues that, as used on its key chains and license...

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