Design International Group, Inc. v. United States

OPINION

TSOUCALAS, Senior Judge:

This case is before the. court on Defendant’s motion to dismiss for lack of subject matter jurisdiction. See Def.’s Mem. in Supp. of its Mot. To Dismiss, ECF No. 9 (July 17, 2015) (“Def.’s Br.”); see also Reply Mem. in Supp. of Def.’s Mot. To Dismiss, ECF No. 13 (Sept. 3, 2015). Plaintiff, Design International Group, Inc. (“Design” or “Plaintiff’), opposes Defen dant’s motion. See Pl.’s Mem. in Opp. Def.’s Mot. To Dismiss, ECF No. 10 (Aug. 10, 2015) (“PL’s Br.”).

BACKGROUND

This action concerns two entries of pencils, Entry Nos. BKC 0138174-9 and BKC 0138213-5,…