Legal Opinion

Societe Des Produits Nestle, S.A. v. Casa Helvetia, Inc.

Court of Appeals for the First Circuit

Decided December 29, 1992No. 92-1032PublishedCited by 155 opinions

1Opinion of the Court

SELYA, Circuit Judge.

This bittersweet appeal requires us to address the protection that trademark law affords a registrant against the importation and sale of so-called “gray goods,” that is, trademarked goods manufactured abroad under a valid license but brought into this country in derogation of arrangements lawfully made by the trademark holder to ensure territorial exclusivity. As we explain below, the scope of protection turns on the degree of difference between the product authorized for the domestic market and the allegedly infringing product. In the case before us, the difference is…

2Cases cited25 opinions

  1. Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an IndividualCourt of Appeals for the Seventh Circuit · 1976
  2. Coach Leatherware Co. v. Anntaylor, Inc.Court of Appeals for the Second Circuit · 1991
  3. Dedham Water Co., Inc. v. Cumberland Farms Dairy, Inc.Court of Appeals for the First Circuit · 1992
  4. Quabaug Rubber Company v. Fabiano Shoe Co., Inc.Court of Appeals for the First Circuit · 1977
  5. El Greco Leather Products Company, Inc. D/B/A Candie's International, Cross-Appellee v. Shoe World, Inc., D/B/A Gussini, Cross-AppellantCourt of Appeals for the Second Circuit · 1986

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3Cited by155 opinions

  1. The International Association of MacHinists and Aerospace Workers, Afl-Cio v. Winship Green Nursing CenterCourt of Appeals for the First Circuit · 1996
  2. New Hampshire Right to Life Political Action Committee v. GardnerCourt of Appeals for the First Circuit · 1996
  3. Voice of the Arab World, Inc. v. MDTV Medical News Now, Inc.Court of Appeals for the First Circuit · 2011
  4. Mangual v. Rotger-SabatCourt of Appeals for the First Circuit · 2003
  5. Beltronics USA, Inc. v. Midwest Inventory Distribution, LLCCourt of Appeals for the Tenth Circuit · 2009

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