XYZ Corp. v. United States

OPINION AND ORDER

Choe-Groves, Judge:

This case involves the “Lever-Rule” restriction on imports of gray market goods, which are products bearing genuine trademarks identical to or substantially indistinguishable from those trademarks appearing on articles authorized by the United States trademark owner for importation or sale in the United States, that may create a likelihood of consumer confusion when the gray market goods and those bearing the authorized trademark are physically and materially different.

XYZ Corporation (“Plaintiff’) 1 is a company engaged in the business of importing and…