United States Federal Circuit

The importation and sale of a trademarked good of domestic manufacture, produced solely for sale abroad and not authorized by the owner of the trademark for sale in the U.S., may violate 19 U.S.C. section 1337 if the imported good is materially different from all or substantially all of those goods bearing the same trademark that are authorized for sale in the U.S.

Appellate Information

• Decided 03/30/2006
• Published 03/30/2006

Judges

• CLEVENGER, Senior Circuit Judge., Before SCHALL, Circuit Judge, CLEVENGER, Senior Circuit Judge, DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• David P. Miranda, Heslin Rothenberg Farley & Mesiti P.C., of Albany, New York, argued for appellants.   With him on the brief were Nicholas Mesiti and Brett M. Hutton.   Of counsel was William A. Zeitler, Sullivan & Worcester, of Washington, DC., Bassam N. Ibrahim, Buchanan Ingersoll, P.C, of Alexandria, Virginia, argued for intervenor.   With him on the brief was S. Lloyd Smith.   Of counsel was Goutam Patnaik, Burns, Doane, Swecker & Mathis, L.L.P., of Alexandria, Virginia.


• For Appellees:
  
• Wayne W. Herrington, Attorney, United States International Trade Commission, of Washington, DC, argued for appellee.   On the brief were James M. Lyons, General Counsel, Andrea C. Casson, Acting Assistant General Counsel for Litigation, and Clara Kuehn, Attorney.