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ORIGINAL APPALACHIAN ARTWORKS v. GRANADA ELECTRON.

No. 85 Civ. 9064 (WCC).

640 F.Supp. 928 (1986)

ORIGINAL APPALACHIAN ARTWORKS, INC., Plaintiff, v. GRANADA ELECTRONICS, INC., Defendant.

United States District Court, S.D. New York.

July 23, 1986.

Attorney(s) appearing for the Case

Wyatt, Gerber, Shoup, Scobey & Badie, New York City, for plaintiff; Gerard F. Dunne, Bruce N. Proctor, Eliot S. Gerber, New York City, Stanley F. Birch, Jr., Vaughn, Roach, Davis, Birch & Murphy, William H. Needle, Atlanta, Ga., of counsel.

Haas, Greenstein, Hauser, Sims, Cohen & Gerstein, P.C., New York City, for defendant; Noel W. Hauser, of counsel.

OPINION AND ORDER

WILLIAM C. CONNER, District Judge:

This action raises again the always troublesome issue whether the owner of a registered U.S. trademark can prevent the sale in this country of imported "grey goods" bearing the trademark which are manufactured abroad under license from the owner. The Court concludes that, at least in the particular circumstances of this case, where the foreign license is territorially restricted and the foreign-made goods...

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