Volkswagenwerk v. Frank

DOYLE, District Judge.

On May 3, 1960, plaintiffs filed their complaint against the defendant alleging misappropriation of their trade-marks and good will and seeking injunctive' relief and damages.

Thereafter, the cause proceeded through the usual motion, discovery, and pre-trial stages, and finally, on October 5, 1961, plaintiffs filed their Motion for Preliminary Injunction. The present hearing was based upon this motion. They seek to enjoin the defendant from holding out to the public by signs, advertising, or other printed matter which also contains the word “Volkswagen,” using the word…