COALITION TO PRESERVE THE INTEGRITY v. U.S.

No. 84-5890.

790 F.2d 903 (1986)

COALITION TO PRESERVE THE INTEGRITY OF AMERICAN TRADEMARKS, et al., Appellants, v. UNITED STATES of America, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 6, 1986.


Attorney(s) appearing for the Case

William H. Allen, with whom Eugene A. Ludwig, Scott D. Gilbert, Daniel A. Rowley and Elizabeth V. Foote, Washington, D.C., were on brief, for appellants.

David M. Cohen, Director, Commercial Litigation Branch, Civil Div., Dept. of Justice, with whom Richard K. Willard, Acting Asst. Atty. Gen. and Velta A. Melnbrencis, Dept. of Justice, Washington, D.C., were on brief, for appellee U.S.

Nathan Lewin, with whom Jamie S. Gorelick, Washington, D.C., was on brief, for appellee 47th Street Photo, Inc.

Robert E. Hebda, with whom Robert W. Steele, Washington, D.C., and James C. Tuttle, Troy, Mich., were on brief, for appellee K-Mart Corp.

Frank W. Gaines, Jr. and Robert L. Hoegle, New York City, were on brief, for amicus curiae Progress Trading Co., Inc., urging affirmance.

Bernard Fensterwald, III, Arlington, Va. and Robert Ullman, New York City, were on brief, for amicus curiae American Free Trade Ass'n, urging affirmance.

Before MIKVA, BORK and SILBERMAN, Circuit Judges.


Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

This case concerns the validity of regulations issued by the U.S. Customs Service permitting the importation of so-called "grey-market goods" in certain instances. These are goods manufactured abroad bearing legitimate foreign trademarks that are identical to American trademarks. This situation typically arises when a foreign producer creates an American subsidiary that then...

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