Legal Opinion
Bally/midway Mfg. Co. v. U.S. International Trade Commission
Court of Appeals for the Federal Circuit
Decided August 2, 1983No. Appeal 82-32PublishedCited by 14 opinions
1Opinion of the Court
FRIEDMAN, Circuit Judge.
This is an appeal from a determination of the U.S. International Trade Commission (“the Commission") that the importation of copies of a particular video game that infringed the appellant’s copyright and trademark covering the game did not violate section 337(a) of the Tariff Act of 1930, 19 U.S.C. § 1337(a) (1976). The ground of the Commission’s decision was that the practice involved — the importation of the infringing games — did not, as the statute requires, have an “effect or tendency” to “destroy or substantially injure an industry ... in the United States.” We…
2Cases cited2 opinions
- Astra-Sjuco v. United States International Trade CommissionCourt of Customs and Patent Appeals · 1980
- In Re W. C. Von ClemmCourt of Customs and Patent Appeals · 1955
3Cited by14 opinions
- The Young Engineers, Inc., (Aka Tye or Tye, Inc.,) v. United States International Trade CommissionCourt of Appeals for the Federal Circuit · 1983
- Corning Glass Works v. United States International Trade Commission, Sumitomo Electric Industries, Ltd., Sumitomo Electric U.S.A., Inc., IntervenorsCourt of Appeals for the Federal Circuit · 1986
- Akzo N.V. v. U.S. International Trade CommissionCourt of Appeals for the Federal Circuit · 1986
- Union Manufacturing Co., Inc. v. Han Baek Trading Co., Ltd.Court of Appeals for the Second Circuit · 1985
- Textron, Inc. v. U.S. International Trade CommissionCourt of Appeals for the Federal Circuit · 1985
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