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AU-TOMOTIVE GOLD v. VOLKSWAGEN OF AMERICA

No. 08-16005.

603 F.3d 1133 (2010)

AU-TOMOTIVE GOLD INC, Plaintiff-counter-defendant-Appellant, v. VOLKSWAGEN OF AMERICA, INC.; Audi of America, Inc; Volkswagen Aktiengesellschaft; Audi Aktiengesellschaft; Continental Enterprises, Defendants-counter-claimants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 6, 2010.

Attorney(s) appearing for the Case

Henry Kenneth Kudon, Potomac, MD, Dennis A. Rosen, Tucson, AZ, for the appellant.

Gregory Eugene Good, Good Law, P.C. Tucson, AZ, Thomas R. Lee, Gregory R. Phillips, Scott R. Ryther, Howard Phillips & Andersen, Salt Lake City, UT, for the appellees.

Before: JOHN T. NOONAN and W. FLETCHER, Circuit Judges, and KEVIN THOMAS DUFFY, District Judge.

WILLIAM A. FLETCHER, Circuit Judge:

We are asked to decide whether the sale by Au-Tomotive Gold ("Auto Gold") of marquee license plates bearing Volkswagen badges purchased from Volkswagen constitutes trademark infringement, or whether the sale of the plates is protected by the "first sale" doctrine. In Au-Tomotive Gold, Inc. v. Volkswagen of America, Inc. ("Auto Gold I"), 457 F.3d 1062 (9th Cir.2006), we concluded that Auto...

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