Shalom Baby-Wear, Inc. v. United States

Foed, Judge:

This case is before us, pursuant to an Order of Demand by the United States Court of Customs and Patent Appeals, dated June 10, 1971, for reconsideration of our decision in Shalom Baby-Wear, Inc. v. United States, 63 Cust. Ct. 426, C.D. 3929 (1969), in light of the appellate court’s rulings in United States v. Marubeni-Iida (America) Inc., United States v. Miss Pat Fashions, Inc., 58 CCPA 118, C.A.D. 1015, 437 F.2d 1394 (1971).

No additional evidence has been adduced in the present case. Both parties have, however, filed briefs in support of their respective positions. The issue…