Legal Opinion
Vivitar Corporation v. The United States, and 47th Street Photo, Inc., Intervenor
Court of Appeals for the Federal Circuit
Decided May 6, 1985No. Appeal 84-1638PublishedCited by 61 opinions
1Opinion of the Court
NIES, Circuit Judge.
This appeal concerns the importation into the United States of what have come to be called “grey market” goods. Goods are produced and legitimately sold abroad under a particular trademark and are imported into the United States and sold in competition with goods of the owner of U.S. trademark rights in the identical mark. But for international boundaries and the territoriality of trademark rights, the use of the trademark in competition with the U.S. owner would not constitute infringement because of the relationship between the foreign entity from whom the goods were…
2Cases cited24 opinions
- Chrysler Corp. v. BrownSupreme Court of the United States · 1979
- Batterton v. FrancisSupreme Court of the United States · 1977
- Bell & Howell: Mamiya Co. v. Masel Supply Co. Corp.Court of Appeals for the Second Circuit · 1983
- La Societe Anonyme Des Parfums Le Galion v. Jean Patou, Inc. And Michael Stramiello, Jr., Collector of Customs of the Portof New YorkCourt of Appeals for the Second Circuit · 1974
- A. Bourjois & Co., Inc. v. KatzelSupreme Court of the United States · 1922
19 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988
- Yamaha Corporation of America v. United States of AmericaCourt of Appeals for the D.C. Circuit · 1992
- K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988
- Original Appalachian Artworks, Inc. v. Granada Electronics, Inc.Court of Appeals for the Second Circuit · 1987
- NEC Electronics v. CAL Circuit AbcoCourt of Appeals for the Ninth Circuit · 1987
56 more not listed; retrieve them via the Exa API.