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TEXTRON, INC. v. U.S. INTERN. TRADE COM'N

Appeal No. 84-1261.

753 F.2d 1019 (1985)

TEXTRON, INC., Appellant, v. U.S. INTERNATIONAL TRADE COMMISSION, Appellee, 18 Taiwanese, Intervenors, Alliant Machine Tool Corporation, and Yeong Chin Machinery Industries Co., Ltd., et al., Intervenors.

United States Court of Appeals, Federal Circuit.

January 24, 1985.

Attorney(s) appearing for the Case

George M. Sirilla, Cushman, Darby & Cushman, Washington, D.C., argued for appellant Textron. With him on brief were Robert W. Adams, Michael L. Keller, James T. Hosmer and Bryan H. Davidson, Washington, D.C.

Catherine Field, U.S. International Trade Commission, Washington, D.C., argued for appellee ITC. With her on brief were Michael H. Stein, Gen. Counsel and Michael P. Mabile, Asst. Gen. Counsel, Washington, D.C.

David Simon, Bregman, Abell, Kay & Simon, Washington, D.C., argued for intervenor 18 Taiwanese.

John P. Dean, Donovan, Leisure, Newton & Irvine, Washington, D.C., argued for intervenor Alliant Machine Tool Corporation. With him on brief was John J. McGrath, Jr., Washington, D.C.

Vern Schooley, Fulwider, Patton, Rieber, Lee & Utecht, Long Beach, Cal., argued for intervenor, Yeong Chin Machinery.

Before KASHIWA, Circuit Judge, COWEN, Senior Circuit Judge, and BISSELL, Circuit Judge.

COWEN, Senior Circuit Judge.

Textron, Inc. (Textron) appeals from an International Trade Commission (ITC or Commission) determination that no violation of section 337 of the Tariff Act of 1930 took place in the importation from Taiwan of vertical milling machines, parts, accessories, and attachments thereto by certain firms. Specifically, Textron claims that the ITC erred in determining that it had no common law trademark in the external appearance

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