Tuesday, September 20, 2005

SKF loses gray market case

Because there was no likelihood of confusion between SKF USA's goods and gray market goods, the CAFC affirmed the ITC decision that 19 USC 1337 had not been violated.

The CAFC cited to Gamut, 200 F3d 775 (CAFC 1999) and Martin's Herend, 112 F.3d 1296.

The material difference standard was discussed. Differences between authorized goods and gray market goods need not be physical to be material. Nonphysical traits may constitute material differences.

The further diminishment analysis of Warner-Lambert was also discussed. (86 F3d at 7).


Post a Comment

<< Home