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AUDI AG v. SHOKAN COACHWORKS, INC.

No. 1:07-CV-00173 (NPM/DRH).

592 F.Supp.2d 246 (2008)

AUDI AG and Volkswagen of America, Inc., Plaintiffs, v. SHOKAN COACHWORKS, INC. and John H. Smith, Defendants.

United States District Court, N.D. New York.

November 13, 2008.

Attorney(s) appearing for the Case

Howard, Phillips & Andersen, Gregory D. Phillips, Scott R. Ryther, Thomas R. Lee, of Counsel, Salt Lake City, UT, Hiscock & Barclay, LLP, John D. Cook, of Counsel, Syracuse, NY, for the Plaintiffs.

Collen Law Associates, P.C., Jeffrey A. Lindenbaum, Matthew C. Wagner, of Counsel, Ossining, NY, for the Defendants.

Memorandum, Decision and Order

NEAL P. MCCURN, Senior District Judge.

I. Introduction

Presently before the court in this trademark infringement action are cross motions for summary judgment by plaintiffs Audi AG ("Audi") and Volkswagen of America, Inc. ("Volkswagen") (collectively "Plaintiffs") and by defendants Shokan Coachworks, Inc. ("Shokan") and John H. Smith ("Smith") (collectively...

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