28
Apr/05

Ninth Circuit Case on Gray Goods


Ninth Circuit decision on gray goods that, it can’t help noting, are actually gray.  In this case the goods were manufactured by a licensee of the Canadian trademark owner, sold to a Canadian company, and then shipped to the U.S.  Additional elements make this a somewhat complex fact pattern.

American Circuit Breaker v. Oregon Breakers, 03-35375 (9th Cir.  April 25, 2005).

If you were brushing up on your gray goods law, you may want to start with K Mart Corp. v. Cartier, Inc., 486 U.S. 281 (1988).

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