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FERRERO U.S.A., INC. v. OZAK TRADING, INC.

No. 91-5357.

952 F.2d 44 (1991)

FERRERO U.S.A., INC. v. OZAK TRADING, INC.; Doron Gratch, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 19, 1991.

Attorney(s) appearing for the Case

Gerard F. Dunne, Wyatt, Gerber, Burke & Badie, New York City, for appellants.

Frank Holahan, Harwood Lloyd, Hackensack, N.J., G. Franklin Rothwell, Raymond A. Kurz, Celine M. Jimenez, Rothwell, Figg, Ernst & Kurz, Washington, D.C., for appellee.

Before SLOVITER, Chief Judge, and COWEN and WEIS, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) October 16, 1991.

OPINION OF THE COURT

SLOVITER, Chief Judge.

This is the second appeal arising out of a case brought under the Lanham Act by Ferrero U.S.A., Inc. against Ozak Trading, Inc. and its president, Doron Gratch (jointly referred to as Ozak), for Ozak's parallel importation of TIC TAC breath mints manufactured for distribution in the United Kingdom. In this appeal Ozak challenges the district court...

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