VITTORIA NORTH AMERICA v. EURO-ASIA IMPORTS

No. 00-6277.

278 F.3d 1076 (2001)

VITTORIA NORTH AMERICA, L.L.C., an Oklahoma limited liability company, Plaintiff-Appellee, v. EURO-ASIA IMPORTS INC., a California sole proprietorship; Beverly A. Hansing, Deborah H. Leto, Dennis R. Hansing, and Deanne Marie Hansing, in their capacity as Trustees of the Hansing Family Trust Dated November 15, 1990, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

December 12, 2001.


Attorney(s) appearing for the Case

Frances E. Patton (Ted R. Rossier, Brandy K. Isom, and Susan A. Doke with her on the briefs), of Pierce, Couch, Hendrickson, Baysinger & Green, L.L.P., Oklahoma City, OK, for Defendants-Appellants.

George H. Brown of Klingenberg & Associates, P.C., Oklahoma City, OK (Kenneth W. Klingenberg of Klingenberg & Associates P.C., Oklahoma City, OK, and Stanley W. Ward with him on the brief), for Plaintiff-Appellee.

Before EBEL and McKAY, Circuit Judges, and CUDAHY, Senior Circuit Judge.


EBEL, Circuit Judge.

In this case we are called upon to interpret provisions of the Tariff Act of 1930 designed to protect domestic owners of trademarks affixed to goods produced overseas by foreign manufacturers. Plaintiff-Appellee Vittoria North America, L.L.C., ("VNA"), an Oklahoma limited liability company, alleges that it is the U.S. owner of the trademark Vittoria, which designates a well-known brand of bicycle tires...

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