Volkswagenwerk Aktiengesellschaft v. Douglas D. Church, Doing Business as Modern Specialist

This is an action for trademark infringement and unfair competition, brought by appellant Volkswagenwerk Aktiengesellschaft (hereafter “Volkswagen”).

In 1958 appellee Church opened an automobile repair business in Long Beach, California. Although in no way connected with appellant or with appellant’s wholly-owned subsidiary, Volkswagen of America, Inc., he specialized in the repair of Volkswagen and Porsche vehicles, taking as his trade name “Modern Volkswagen Porsche Service.”

This continued to be his trade name until 1960, during which year, in response to objections from appellant, he changed it to “Modern Specialist.”

At various times, also in response to appellant’s demands, Church incorporated the word “Independent” into various phases of his advertising, in order to distinguish his business from those of Volkswagen’s authorized or franchised dealers. Thus he began using this term on his business cards in 1960, in his telephone directory advertisements in 1962, on his truck and on various “giveaways” such as matchbooks, pencils, paper towels, etc., in 1968. A large sign on the front of his premises continued to read “Modern Volkswagen Porsche Service” until after the…