BALLY/MIDWAY MFG. CO. v. U.S. INTERN. TRADE COM'N

Appeal No. 82-32.

714 F.2d 1117 (1983)

BALLY/MIDWAY MFG. CO., Appellant, v. U.S. INTERNATIONAL TRADE COMMISSION, Appellee.

United States Court of Appeals, Federal Circuit.

August 2, 1983.


Attorney(s) appearing for the Case

Paul Plaia, Jr., Washington, D.C., argued for appellant. With him on brief were Cecilia H. Gonzalez, Washington, D.C., Donald L. Welsh and Sidney Katz, Chicago, Ill.

Joel R. Junker, Washington, D.C., argued for appellee. With him on brief was Michael H. Stein, Washington, D.C.

George H. Gerstman, Chicago, Ill., was on brief for The Amusement Game Manufacturer's Ass'n, amicus curiae.

Before FRIEDMAN, NICHOLS, and BENNETT, Circuit Judges.


FRIEDMAN, Circuit Judge.

This is an appeal from a determination of the U.S. International Trade Commission ("the Commission") that the importation of copies of a particular video game that infringed the appellant's copyright and trademark covering the game did not violate section 337(a) of the Tariff Act of 1930, 19 U.S.C. § 1337(a) (1976). The ground of the Commission's decision was that the practice involved — the importation of the infringing games...

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