Weil Ceramics & Glass, Inc. v. Dash

OPINION

DEBEVOISE, District Judge.

CONTENTS

I. INTRODUCTION

II. FACTS

A. The Parties

B. The Trademark

C. Defendants’ Action

D. The Complaint

III. DISCUSSION

A. Section 33(b). Exclusive Right to Use

B. Section 32(l)(a). Unauthorized Use

1. Confusion — Genuine Goods

2. Exhaustion Doctrine — Separate and Independent Good Will

3. Likelihood of Confusion

C. Unauthorized Importation

IV. CONCLUSION

I. INTRODUCTION

The instant trademark infringement action concerns the importation and sale of what is commonly referred to as “grey market” goods. Grey market goods are goods produced by a foreign manufacturer bearing the…