K Mart Corp. v. Cartier, Inc.
Supreme Court of the United States
1Judgment of the CourtJustice Kennedy, joined by White, J.,
A gray-market good is a foreign-manufactured good, bearing a valid United States trademark, that is imported without the consent of the United States trademark holder. These cases present the issue whether the Secretary of the Treasury’s regulation permitting the importation of certain gray-market goods, 19 CFR § 133.21 (1987), is a reasonable agency interpretation of § 526 of the Tariff Act of 1930 (1930 Tariff Act), 46 Stat. 741, as amended, 19 U. S. C. § 1526.
*286I
A
The gray market arises in any of three general contexts. The prototypical gray-market victim (case 1) is a domestic firm that…
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