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NEC ELECTRONICS v. CAL CIRCUIT ABCO

Nos. 86-6300, 86-6456.

810 F.2d 1506 (1987)

NEC ELECTRONICS, Plaintiff/Counter-Defendant/Appellee, v. CAL CIRCUIT ABCO, Alex Sandel, Jason Barzilay, Benny Alagem, Defendant/Counter-Claimant/Appellant. NEC ELECTRONICS, INC., Plaintiff/Counter-Defendant/Appellee, v. Alex SANDEL, Jason Barzilay, Benny Alagem, Maury Friedman, Defendant, NEC Corporation and NEC Electronics, Inc., Counter-Defendant, and CAL Circuit Abco, Inc., aka CAL-Abco, Defendant/Counter-Claimant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 24, 1987.

Attorney(s) appearing for the Case

Stephen L. Hock, San Francisco, Cal., for plaintiff/counter-defendant/appellee.

Thomas J. McDermott, Jr., Los Angeles, Cal., for defendants/counter-claimants/appellants.

Before WALLACE, SNEED and SCHROEDER, Circuit Judges.

SNEED, Circuit Judge:

A Japanese manufacturer of computer chips, NEC Corporation (NEC-Japan), assigned its United States trademark rights to its California subsidiary, NEC Electronics (NEC-USA). Defendant, CAL Circuit Abco (Abco), engages in "parallel importation" of NEC-Japan's chips: it buys them abroad at the lower prices there prevalent, and then imports and sells them here. NEC-USA sued for trademark infringement under the Lanham Act. On pre-trial motions, the...

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