Legal Opinion

Gardner v. Clark Oil & Refining Corporation

District Court, E.D. Wisconsin

Decided October 25, 1974No. Civ. A. 74-C-452PublishedCited by 15 opinions

1Opinion of the Court

DECISION AND ORDER

REYNOLDS, Chief Judge.

On October 3, 1974, Clark Oil & Refining Corporation commenced this action in the Circuit Court of Waukesha County, Wisconsin, to enjoin Peter H. Gardner, a Clark dealer, from continued alleged infringement of Clark’s state trademarks in violation of Section 132.02 (3), Wisconsin Statutes. On October 4, 1974, petitioner Gardner removed the action to this court. The matter presently before this court is Clark’s motion to remand the action to the Circuit Court of Waukesha County. This court concludes that Clark’s motion to remand must be granted.

Section…

2Cases cited15 opinions

  1. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  2. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
  3. Fay v. American Cystoscope Makers, Inc.District Court, S.D. New York · 1951
  4. Radio Shack Corporation v. Radio Shack, IncCourt of Appeals for the Seventh Circuit · 1950
  5. Application of State of New YorkDistrict Court, S.D. New York · 1973

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3Cited by15 opinions

  1. La Chemise Lacoste v. Alligator Co.Court of Appeals for the Third Circuit · 1974
  2. La Chemise Lacoste, a French Corporation v. The Alligator Company, Inc., a Delaware Corporation, and Third-Party v. Jean Patou, Inc., a New York Corporation, Third-Partydefendant-AppellantCourt of Appeals for the Third Circuit · 1974
  3. Billy Jack for Her, Inc. v. New York Coat, Suit, Dress, Rainwear & Allied Workers' UnionDistrict Court, S.D. New York · 1981
  4. First National Bank v. Aberdeen National BankCourt of Appeals for the Eighth Circuit · 1980
  5. First National Bank of Aberdeen and First National Bank of Aberdeen, Redfield Branch, a National Banking Corporation v. Aberdeen National Bank, Also Using Name First Bank (n.a.) Aberdeen and the Spink County Branch of the Aberdeen National Bank, Also Using Name First Bank (n.a.) Redfield, First National Bank of Duluth v. Northern City National Bank and Duluth National BankCourt of Appeals for the First Circuit · 1980

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