Osawa & Co. v. B & H PHOTO
District Court, S.D. New York
1Opinion of the Court
OPINION AND ORDER
LEVAL, District Judge.
The owner of U.S. trademarks pertaining to goods of foreign manufacture seeks by this action to enjoin others from independently importing and dealing in goods of the same manufacture, bearing the same marks lawfully applied abroad by the foreign owner of the marks. The commerce against which this action is directed is colloquially named the “grey market”.
Plaintiff Osawa & Company, a Delaware corporation, is the registered owner of United States trademark rights for the Mamiya marks, 1 which are used on high quality medium-format photographic equipment…
2Cases cited34 opinions
- Jackson Dairy, Inc. v. H. P. Hood & Sons, Inc.Court of Appeals for the Second Circuit · 1979
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
- Timken Roller Bearing Co. v. United StatesSupreme Court of the United States · 1951
- Prestonettes, Inc. v. CotySupreme Court of the United States · 1924
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3Cited by53 opinions
- Yamaha Corporation of America v. United States of AmericaCourt of Appeals for the D.C. Circuit · 1992
- Societe Des Produits Nestle, S.A. v. Casa Helvetia, Inc.Court of Appeals for the First Circuit · 1992
- ITC Ltd. v. Punchgini, Inc.Court of Appeals for the Second Circuit · 2007
- Original Appalachian Artworks, Inc. v. Granada Electronics, Inc.Court of Appeals for the Second Circuit · 1987
- Vivitar Corporation v. The United States, and 47th Street Photo, Inc., IntervenorCourt of Appeals for the Federal Circuit · 1985
48 more not listed; retrieve them via the Exa API.