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NISSHO IWAI AMERICAN CORP. v. U.S.

No. 87-1388.

842 F.2d 320 (1988)

NISSHO IWAI AMERICAN CORP., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 16, 1988.

Attorney(s) appearing for the Case

James F. O'Hara, Stein, Shostak, Shostak & O'Hara, Los Angeles, Cal., argued, for plaintiff-appellant.

Michael P. Maxwell, Commercial Litigation Branch, Dept. of Justice, New York City, argued, for defendant-appellee. With him on the brief, were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office.

Before FRIEDMAN, Circuit Judge, BALDWIN, Senior Circuit Judge, and BISSELL, Circuit Judge.

FRIEDMAN, Circuit Judge.

Nissho Iwai American Corporation appeals, pursuant to 28 U.S.C. § 1295(a)(5) (1982), from a judgment of the United States Court of International Trade that affirmed a United States Customs Service classification of children's warm-up suits embroidered with a registered United States trademark as "ornamented." Nissho-Iwai Am. Corp. v. United States, 664 F.Supp. 1438, 2 USPQ2d 1751 (Ct. Int'l...

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