Gamut Trading Co. v. United States International Trade Commission

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-US is the exclusive licensee of the “Kubota” trademark in the United States, by agreement with Kubota-Japan which provides that *777the United…