Summit MacHine Tool Manufacturing Corp. v. Victor Cnc Systems, Inc. MacHinery Trade Center

O’SCANNLAIN, Circuit Judge:

We are called upon to decide, in this unfair competition case involving industrial machine tools, whether the “bodily appropriation” standard applies to a Lanham Act claim.

I

Summit Machine Tool Manufacturing Corporation (“Summit”), an Oklahoma corporation, designs, builds, and markets industrial machine tools. In 1986, Summit entered into a contract with Zhenjiang Machine Tool Works (“ZMTW”), a Chinese manufacturer, to build lathes from Summit’s designs. The agreement provided that Summit had the exclusive right to sell outside of China all lathes manufactured by…