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Federal Circuit Rules For Trademarked "Gray Goods," Citing Lack Of Material Difference

Law360 (September 16, 2005, 12:00 AM EDT) -- A manufacturer’s lack of product consistency foiled its attempt to prove material difference in its trademark suit against “gray market” distributors, the U.S. Court of Appeals for the Federal Circuit has ruled.

The appeals court’s decision affirms the U.S. International Trade Commission’s (ITC) conclusions, which in May 2004 cleared 14 defendants of allegations brought by U.S. ball-bearing manufacturer SKF USA Inc.

The companies are accused of trademark infringement, false advertising and dilution of SKF’s trademark by importing SKF bearings into the U.S.

The gray-market goods in...
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