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MONTRES ROLEX, S.A. v. SNYDER

No. 651, Docket 82-6168.

718 F.2d 524 (1983)

MONTRES ROLEX, S.A., Plaintiff-Appellee, v. Dennis SNYDER, Regional Commissioner, United States Customs Service and United States Customs Service, Defendants-Appellants, Grand Jewels, Inc., Intervenor.

United States Court of Appeals, Second Circuit.

Decided September 14, 1983.

Attorney(s) appearing for the Case

David H.T. Kane, New York City (Siegrun D. Kane, Barbara A. Larsen, Kane, Dalsimer, Kane, Sullivan and Kurucz, New York City, of counsel), for plaintiff-appellee.

Jonathan A. Lindsey, Asst. U.S. Atty., S.D.N.Y., New York City (John S. Martin, Jr., U.S. Atty., S.D.N.Y., Peter C. Salerno, Asst. U.S. Atty., New York City, of counsel), for defendants-appellants.

Russell H. Falconer, New York City (Doreen J. Leavens, Brumbaugh, Graves, Donohue & Raymond, New York City, of counsel), for intervenor.

Before OAKES, PRATT and WEIS, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

This case of first impression presents important questions concerning Congress's effort to protect domestic trademarks from foreign counterfeiters. The major issues are (1) whether the definition of a "counterfeit" trademark, incorporated from the Lanham Act by § 211 of the Customs Procedural Reform and Simplification Act of 1978, Pub.L. No. 95-410, 92 Stat. 888, 903-04, 19 U.S.C. §...

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