XYZ Corp. v. United States

MEMORANDUM AND ORDER

Choe-Groves, Judge:

XYZ 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”). Plaintiff commenced this action to obtain judicial review of the decision made by U.S. Customs and Border Protection to grant Duracell’s application for Lever-Rule protection, thereby restricting imports of certain gray market batteries bearing its trademark. See Amended Compl. ¶ 1; see also U.S. Customs…