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WEIL CERAMICS AND GLASS, INC. v. DASH

Nos. 86-5187, 86-5207.

878 F.2d 659 (1989)

WEIL CERAMICS AND GLASS, INC. a New York Corporation v. Bernard DASH, an individual and Jalyn Corp., a corporation. Appeal of WEIL CERAMICS & GLASS, INC. Appeal of Bernard DASH and Jalyn Corp.

United States Court of Appeals, Third Circuit.

Decided May 25, 1989.

As Modified July 10, 1989.

Attorney(s) appearing for the Case

John N. Bain (argued), Carella, Byrne, Bain & Gilfillan, Roseland, N.J., for appellants & cross appellee.

Bernard R. Gans (argued), Poms, Smith, Lande and Rose, Los Angeles, Cal., for appellee & cross appellants.

Jamie S. Gorelick (argued), Nathan Lewin, Miller, Cassidy, Larroca & Lewin, Washington, D.C., for amicus — 47th Street Photo, Inc.

Before HIGGINBOTHAM and BECKER, Circuit Judges, and DUMBAULD, District Judge.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

On this appeal we are asked to determine the availability of trademark and tariff act protections to an American company — which is owned by the same entity that owns the foreign manufacturer of a good, but which holds a valid American trademark for the foreign manufactured good — against parallel imports or so-called "gray-market" goods. Specifically, we are asked to determine...

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