Power Test Petroleum Distributors, Inc. v. Calcu Gas, Inc. And Yonkers Overpass Equities Corp., Yonkers Overpass Equities Corp.

DAVIS, Circuit Judge:

The main question here is whether a gasoline franchisor which purchases a product from a manufacturer and then affixes its own trademark may require that the franchisee market only those products bearing the franchisor’s trademark. We hold that, under the principles of trademark law, such an arrangement does not constitute an antitrust violation in this case, and therefore appellant has no valid defense to appellee’s claim of trademark infringement. The district court did not abuse its discretion in issuing the preliminary injunction, and we affirm.

I

Appellee Power Test…