SOCIETE DES PRODUITS NESTLE v. CASA HELVETIA

No. 92-1032.

982 F.2d 633 (1992)

SOCIETE DES PRODUITS NESTLE, S.A., et al., Plaintiffs, Appellants, v. CASA HELVETIA, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 29, 1992.


Attorney(s) appearing for the Case

David W. Plant, with whom Vincent N. Palladino and Fish & Neave were on brief, for plaintiffs, appellants.

Wilma E. Reveron Collazo, for defendants, appellees.

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and BOUDIN, Circuit Judge.


SELYA, Circuit Judge.

This bittersweet appeal requires us to address the protection that trademark law affords a registrant against the importation and sale of so-called "gray goods," that is, trademarked goods manufactured abroad under a valid license but brought into this country in derogation of arrangements lawfully made by the trademark holder to ensure territorial exclusivity. As we explain below, the scope of protection...

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