MILECREST CORP. v. U.S.

Slip Op. 17-125 Court No. 17-00125.

264 F.Supp.3d 1353 (2017)

MILECREST CORPORATION, Plaintiff, v. UNITED STATES and U.S. Customs & Border Protection, Defendants, and Duracell U.S. Operations, Inc., Defendant-Intervenor.

United States Court of International Trade.

September 15, 2017.


Attorney(s) appearing for the Case

John M. Peterson , Russell A. Semmel , and Richard F. O'Neill , Neville Peterson LLP, of New York, N.Y., for Plaintiff Milecrest Corporation.

Alexander J. Vanderweide , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, N.Y., for Defendants the United States and U.S. Customs and Border Protection. With him on the brief were Chad A. Readier , Acting Assistant Attorney General, Jeanne E. Davidson , Director, Reginald T. Blades, Jr. , Assistant Director, and Tara K. Hogan , Assistant Director. Of counsel on the brief was Beth C. Brotman , Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, New York, N.Y.

Frances P. Hadfield , Crowell & Moring LLP, of New York, N.Y., and Robert N. Phillips and John Patrick Donohue , Reed Smith LLP, of San Francisco, CA and Philadelphia, PA, for Defendant-Intervenor Duracell U.S. Operations, Inc.


OPINION AND ORDER

Milecrest Corporation ("Plaintiff") is a company engaged in the business of importing and distributing bulk-packaged gray market batteries bearing the "DURACELL" mark, a United States trademark currently owned by Duracell U.S. Operations, Inc. ("Duracell"). See

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