Legal Opinion
Au-Tomotive Gold, Inc. v. Volkswagen of America, Inc.
Court of Appeals for the Ninth Circuit
Decided August 10, 2006No. 04-16174PublishedCited by 93 opinions
1Opinion of the Court
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 plate covers, the logos and marks of Volkswagen and Audi are aesthetic functional elements of the product — that is, they are “the actual benefit that the consumer…
2Cases cited35 opinions
- Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
- Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
- Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- Qualitex Co. v. Jacobson Products Co.Supreme Court of the United States · 1995
30 more not listed; retrieve them via the Exa API.
3Cited by93 opinions
- Rearden LLC v. Rearden Commerce, Inc.Court of Appeals for the Ninth Circuit · 2012
- JL Beverage Co. v. Jim Beam Brands Co.Court of Appeals for the Ninth Circuit · 2016
- Board of Supervisors for Louisiana State University Agricultural & Mechanical College v. Smack Apparel Co.Court of Appeals for the Fifth Circuit · 2008
- Multi Time Machine, Inc. v. Amazon.com, Inc.Court of Appeals for the Ninth Circuit · 2015
- Stone Creek, Inc. v. Omnia Italian Design, Inc.Court of Appeals for the Ninth Circuit · 2017
88 more not listed; retrieve them via the Exa API.