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GAMUT TRADING CO. v. U.S. INTERN. TRADE COM'N

No. 97-1414.

200 F.3d 775 (1999)

GAMUT TRADING COMPANY, Gamut Imports, Bay Implement Company, Casteel Farm Implement Company (Monticello, Arkansas), Casteel Farm Implement Company (Pine Bluff, Arkansas), Casteel World Group, Inc., and Tractor Shop, Appellants, v. UNITED STATES INTERNATIONAL TRADE COMMISSION, Appellee, and Kubota Tractor Corporation, Kubota Manufacturing of America, and Kubota Corporation, Intervenors.

United States Court of Appeals, Federal Circuit.

December 27, 1999.

Attorney(s) appearing for the Case

Lloyd W. Walker, II, Bischoff & White, P.C., of Fayetteville, Georgia, argued for appellants. With him on the brief was Lloyd W. Walker, of Twin Falls, Indiana.

Shara L. Aranoff, Attorney-Advisor, U.S. International Trade Commission, of Washington, DC, argued for appellee. With her on the brief were Lynn M. Schlitt, General Counsel, and James A. Toupin, Deputy General Counsel.

Rory J. Radding, Pennie & Edmonds, LLP, of New York, New York, argued for intervenors. Of counsel on the brief were Darren W. Saunders, and Katherine E. Smith. Also on the brief was Marcia H. Sundeen, Pennie & Edmonds, LLP, of Washington, DC.

Before RICH, Circuit Judge, SMITH, Senior Circuit Judge, and NEWMAN, Circuit Judge.

PAULINE NEWMAN, Circuit Judge.

This action for violation of § 337 of the Tariff Act of 1930, 19 U.S.C. § 1337, was initiated at the United States International Trade Commission ("ITC") on the complaint of the Kubota Corporation, a Japanese company ("Kubota-Japan"), owner of the registered United States trademark "Kubota," and its United States affiliated companies Kubota Tractor Corporation ("Kubota-US") and Kubota Manufacturing of America ("KMA"). Kubota...

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