VIVITAR CORPORATION, Appellant,
v.
The UNITED STATES, et al., Appellees, and
47th Street Photo, Inc., Intervenor.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
May 6, 1985.
May 6, 1985.
Attorney(s) appearing for the Case
James M. Johnstone, Wiley & Rein, Washington, D.C., argued for appellant. With him on brief was Thomas W. Kirby. Steven P. Kersner and Donald S. Stein, Brownstein, Zeidman and Schomer, Washington, D.C., were on brief for appellant.
R. Kenton Musgrave, General Counsel, Vivitar Corp., Santa Monica, Cal., of counsel.
Marjorie M. Shostak and James F. O'Hara, Stein, Shostak, Shostak & O'Hara, Washington, D.C., of counsel.
David M. Cohen, Director, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellees. With him on brief were Richard K. Willard, Acting Asst. Atty. Gen. and Velta A. Melnbrencis.
Nathan Lewin, Miller, Cassidy, Larroca & Lewin, Washington, D.C., argued for intervenor, 47th Street Photo, Inc. With him on brief was Jamie S. Gorelick. Marvin H. Wolf, Groman & Wolf, Mineola, N.Y., was on brief for intervenor.
Edward T. Borda, General Counsel, Ass'n of General Merchandise Chains, Inc., Washington, D.C., was on brief for amicus curiae.
Robert Ullman, Jacob Laufer and Steven R. Trost, Bass & Ullman, New York City, was on brief for amicus curiae, American Free Trade Ass'n.
John M. Hadlock, Max F. Schutzman and Katherine L. Frank, Whitman & Ransom, New York City, was on brief for amicus curiae, Olympus Corp.
Robert W. Steele, P.C., and Robert E. Hebda, Steele, Simmons & Fornaciari, of Washington, D.C., was on brief for amicus curiae, K Mart Corp. James C. Tuttle, Antitrust & Intern. Counsel, Troy, Mich., was on brief for K Mart Corp.
William H. Allen, Eugene A. Ludwig, Scott D. Gilbert and Daniel A. Rowley, Covington & Burling, Washington, D.C., were on brief for amicus curiae, Coalition to Preserve The Integrity of American Trademarks.
William F. Sondericker, Frank W. Gaines, Jr. and Robert L. Hoegle, Olwine, Connelly, Chase, O'Donnell & Weyher, Washington, D.C., were on brief for amicus curiae, Progress Trading Co., Inc.
Before MARKEY, Chief Judge, and RICH, DAVIS, NIES and BISSELL, Circuit Judges.
United States Court of Appeals, Federal Circuit.
NIES, Circuit Judge.
This appeal concerns the importation into the United States of what have come to be called "grey market" goods. Goods are produced and legitimately sold abroad under a particular trademark and are imported into the United States and sold in competition with goods of the owner of U.S. trademark rights in the identical mark. But for international boundaries and the territoriality of trademark rights, the use of the trademark in competition with...
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