LEVER BROS. CO. v. U.S.

No. 92-5185.

981 F.2d 1330 (1993)

LEVER BROTHERS COMPANY, Appellee, v. UNITED STATES of America, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided January 15, 1993.


Attorney(s) appearing for the Case

Daniel J. Standish, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John D. Bates and R. Craig Lawrence, Asst. U.S. Atty., Washington, DC, were on the brief, for appellants.

Lynne Darcy, New York City, with whom William K. Wells, Washington, DC, was on the brief, for appellee.

Diane Heiman, Washington, DC, was on the brief for amicus curiae Nat. Consumers League.

William H. Allen, Eugene A. Ludwig, and Curtis A. Bradley, Washington, DC, were on the brief for amicus curiae Coalition to Preserve the Integrity of American Trademarks.

Elliot Bredhoff, Washington, DC, was on the brief for amicus curiae Oil, Chemical and Atomic Workers Intern. Union, AFL-CIO.

Stephen Kurzman, Washington, DC, was on the brief for amicus curiae American Free Trade Ass'n.

Richard Kelly, New York City, was on the brief for amicus curiae National Ass'n of Catalog Showroom Merchandisers.

Robert W. Steele and Cheryl M. Browning, Washington, DC, were on the brief for amicus curiae Kmart Corp.

Before MIKVA, Chief Judge, and SENTELLE and RANDOLPH, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

The District Court entered a judgment invalidating the "affiliate exception" of 19 C.F.R. § 133.21(c)(2) (1988) as inconsistent with the statutory mandate of the Lanham Act of 1946, 15 U.S.C. § 1124 (1988), prohibiting importation of goods which copy or simulate the mark of a domestic manufacturer, and issued a nationwide injunction...

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