9th Circ. Affirms Volkswagen, Audi Logo IP Win

Law360, New York (May 7, 2010, 4:14 PM EDT) -- A federal appeals court has found that an auto accessory maker's sale of marquee license plates bearing Volkswagen of America Inc. and Audi of America Inc. badges purchased from the automakers constitutes trademark infringement.

The “first sale” doctrine does not provide a defense because Au-Tomotive Gold Inc.’s marquee license plates create a likelihood of confusion as to their origin, a three-judge panel ruled in the U.S. Court of Appeals for the Ninth Circuit on Thursday.

Beginning in the 1990s, Auto Gold produced and sold products bearing...
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