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SHELL OIL CO. v. COMMERCIAL PETROLEUM, INC.

No. ST-C-88-34-P.

733 F.Supp. 40 (1989)

SHELL OIL COMPANY, a Delaware Corporation, Plaintiff, v. COMMERCIAL PETROLEUM, INC., a North Carolina Corporation, Defendant.

United States District Court, W.D. North Carolina, Statesville Division.

November 29, 1989.

Attorney(s) appearing for the Case

Robert J. Wishart, Wishart, Norris, Henninger & Pittman, Burlington, N.C., Kenneth L. Muller, Shell Oil Co., Houston, Tex., and Thomas J. Ward and Harold R. Bruno, III, Ward, Lazarus and Grow, Washington, D.C., for plaintiff.

Roger Lee Edwards, Mooresville, N.C., for defendant.

MEMORANDUM OF DECISION

WOODROW WILSON JONES, District Judge.

This is a civil action brought by the Plaintiff, Shell Oil Company asserting claims of trademark infringement and unfair competition against the Defendant, Commercial Petroleum, Inc., in connection with the sale of bulk lubricating oil produced by the Plaintiff and marketed under its trademarks "Shell," "Rotella" and "Shell Rotella T." The Plaintiff contends that the conduct of the Defendant in...

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