Tanner Motor Livery, Ltd. v. Avis, Inc.

316 F.2d 804 TANNER MOTOR LIVERY, LTD., a corporation, also known as Tanner Motor Livery, Appellant, v. AVIS, INC., a corporation and Avis Rent-A-Car System, Inc., a corporation, Appellee. No. 18357. United States Court of Appeals Ninth Circuit. April 22, 1963. COPYRIGHT MATERIAL OMITTED Tudor Gairdner, Jack E. Hildreth and William F. Peters, Los Angeles, Cal., for appellant. Adams, Duque & Hazeltine, James S. Cline and Alan Wayte, Los Angeles, Cal., for appellee. Before HAMLEY, BROWNING and DUNIWAY, Circuit Judges. DUNIWAY, Circuit Judge. 1 Tanner Motor Livery, Ltd., (Tanner) appeals from an order which (1) dissolves a preliminary injunction previously issued at its request and against Avis, Inc. (Avis) and Avis Rent-A-Car System, Inc. (System) and (2) grants, at their request, a preliminary injunction against Tanner. Federal jurisdiction is predicated upon diversity of citizenship. 2 Certain facts are not disputed. System is a subsidiary of Avis. Avis owns certain registered trademarks: "Avis Rent-A-Car System," and "Avis." Since 1947, Tanner has been a licensee of Avis in southern California. In 1956, and since, it has been so licensed as an exclusive licensee, by separate…