United States Tenth Circuit

A domestic distributor's agreement with foreign manufacturer to jointly develop and market trademarked goods in the US does not make the two entities subject to "common control" and thus exempt from the Tariff Act of 1930, which limits "gray market" goods.

Appellate Information

• Decided 12/12/2001
• Published 12/12/2001

Judges

• EBEL, Circuit Judge., Before EBEL and McKAY, Circuit Judges, and CUDAHY, Senior Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Frances E. Patton (Ted R. Rossier, Brandy K. Isom, and Susan A. Doke with her on the briefs), of Pierce, Couch, Hendrickson, Baysinger & Green, L.L.P., Oklahoma City, OK, for Defendants-Appellants., George H. Brown of Klingenberg & Associates, P.C., Oklahoma City, OK (Kenneth W. Klingenberg of Klingenberg & Associates P.C., Oklahoma City, OK, and Stanley W. Ward with him on the brief), for Plaintiff-Appellee.