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OSAWA & CO. v. B & H PHOTO

No. 83 Civ. 6874 (PNL).

589 F.Supp. 1163 (1984)

OSAWA & COMPANY, Plaintiff, v. B & H PHOTO, Tri State Inc. and John Does 1-10 Defendants.

United States District Court, S.D. New York.

As Modified July 27, 1984.

Attorney(s) appearing for the Case

Wallenstein, Wagner, Hattis, Strampel & Aubel, Robert E. Wagner, Linda A. Kuczma, Chicago, Ill., Pennie & Edmonds, John E. Kidd, Gideon D. Stern, Robert M. Kunstadt, New York City, Michael W. Havrilla, Chicago, Ill., for plaintiff.

Miller, Cassidy, Larroca & Lewin, Nathan Lewin, James L. Volling, Washington, D.C., Groman & Wolf, P.C., Marvin H. Wolf, Mineola, N.Y., for defendant B & H Photo.

Harvey M. Greene, New York City, for defendant Tri State Inc.

OPINION AND ORDER

LEVAL, District Judge.

The owner of U.S. trademarks pertaining to goods of foreign manufacture seeks by this action to enjoin others from independently importing and dealing in goods of the same manufacture, bearing the same marks lawfully applied abroad by the foreign owner of the marks. The commerce against which this action is directed is colloquially named the "grey market".

Plaintiff Osawa & Company, a Delaware corporation...

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