Legal Opinion
Volkswagenwerk Aktiengesellschaft v. Douglas D. Church, Doing Business as Modern Specialist
Court of Appeals for the Ninth Circuit
Decided May 7, 1969No. 22071_1PublishedCited by 73 opinions
1Opinion of the Court
VON DER HEYDT, District Judge:
This is an action for trademark infringement and unfair competition, brought by appellant Volkswagenwerk Aktiengesellschaft (hereafter “Volkswagen”).
In 1958 appellee Church opened an automobile repair business in Long Beach, California. Although in no way connected with appellant or with appellant’s wholly-owned subsidiary, Volkswagen of America, Inc., he specialized in the repair of Volkswagen and Porsche vehicles, taking as his trade name “Modern Volkswagen Porsche Service.”
This continued to be his trade name until 1960, during which year, in response to…
2Cases cited8 opinions
- The Fleischmann Distilling Corp., a Corporation, Etc. v. Maier Brewing Company, a CorporationCourt of Appeals for the Ninth Circuit · 1963
- National Van Lines, a Corporation v. Alfred E. Dean, Trading Under the Firm Name of National Transfer & Storage Co.Court of Appeals for the Ninth Circuit · 1956
- American Automobile Ass'n v. American Automobile Owners Ass'nCalifornia Supreme Court · 1932
- Mershon Company v. Frank A. Pachmayr, and Frank A. Pachmayr, Doing Business Under the Fictitious Firm Name and Style of Pachmayr Gun WorksCourt of Appeals for the Ninth Circuit · 1955
- Fram Corporation v. W. E. Boyd, D/B/A Web Filter CompanyCourt of Appeals for the Fifth Circuit · 1956
3 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- Applied Underwriters, Inc. v. Larry LichteneggerCourt of Appeals for the Ninth Circuit · 2019
- Pizzeria Uno Corporation v. James W. Temple, Jr., D/B/A Taco UnoCourt of Appeals for the Fourth Circuit · 1984
- Bandag, Inc., Appellee/cross-Appellant. v. Al Bolser's Tire Stores, Inc., Appellant/cross-AppelleeCourt of Appeals for the Federal Circuit · 1984
- Kareem Abdul-Jabbar v. General Motors Corporation Leo Burnett Company, Inc.Court of Appeals for the Ninth Circuit · 1996
- Cairns v. Franklin Mint Co.Court of Appeals for the Ninth Circuit · 2002
68 more not listed; retrieve them via the Exa API.