Bandag Inc. v. Brad Ragan, Inc.

MEMORANDUM ORDER

GORDON, Chief Judge.

This action was brought by the plaintiff herein for violation of federal trademark laws. The plaintiff is an Iowa corporation doing an extensive tire recapping business in several states under the trademark BANDAG. This trademark is duly registered under the applicable federal laws. The defendant is a North Carolina corporation also engaged in the tire recapping business and using the trade name BANDLUG. This trade name is not registered under federal law.

In October, 1970, following extensive correspondence and threats of legal action by the plaintiff, both…