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XYZ CORP. v. U.S.

Slip Op. 17-88 Court No. 17-00125.

253 F.Supp.3d 1257 (2017)

XYZ 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.

July 17, 2017.

Attorney(s) appearing for the Case

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

Alexander J. Vanderweide , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, NY, for Defendant the United States. With him on the brief were Chad A. Readler , Acting Assistant Attorney General, Jeanne E. Davidson, Director , and Reginald T. Blades, Jr. , 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, NY.

OPINION AND ORDER

This case involves the "Lever-Rule" restriction on imports of gray market goods, which are products bearing genuine trademarks identical to or substantially indistinguishable from those trademarks appearing on articles authorized...

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