Milecrest Corp. v. United States

OPINION AND ORDER

Choe-Groves, Judge:.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 First Amended Compl., July 25, 2017, ECF No. 78. Plaintiff brings this action pursuant to 28 U.S.C. § 1581(h) (2012) 1 seeking judicial reviéw of the decision made by U.S. Customs and Border Protection (“Customs”) to grant Lever-Rule protection to Duracell, thereby restricting imports of certain…