Olympus Corporation v. United States, K Mart Corporation, Intervenor-Appellee, 47th Street Photo, Inc., Intervenor-Appellee

I respectfully disagree with the conclusion reached by my colleagues as to the validity of the customs regulation in question.

With regard to Congress’s intent in enacting Section 526, I agree generally with Judge Silberman’s discussion in Coalition to Preserve the Integrity of Trademarks v. United States, 790 F.2d 903 (D.C.Cir.1986), although I believe the legislative history to be somewhat more ambiguous than his opinion indicates.

Moreover, as Judge Silberman’s opinion describes in detail, id. at 910-918, the history of the regulation itself reflects the Customs Service’s own confusion over…