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illegally imported into the United States. Effective October 17,
1984, petitioner registered the “Gamesa” trademark with U.S.
Customs. No payment was due from petitioner to Gamesa with
regard to the “Gamesa” trademark.
In November of 1984, petitioner applied for and was
eventually granted gray market protection by U.S. Customs with
regard to Gamesa’s products. In its application for gray market
protection, petitioner represented to U.S. Customs that
petitioner and Gamesa were not under common ownership or control.
In distributing products to U.S. markets, in order to meet
requirements of the U.S. Food and Drug Administration and
preferences of purchasers in the United States, Gamesa made
certain modifications to the ingredients, design, packaging,
marketing, and advertising of many of its products. Pursuant to
distribution contracts that were entered into between Gamesa and
petitioner, petitioner agreed to supply Gamesa with information
that would aid Gamesa in such modifications of its products for
U.S. markets. Petitioner did not, however, agree to pay Gamesa a
fee for such modifications.
The packaging of Gamesa’s products, including those
purchased and distributed in the United States by petitioner,
carried the “Gamesa” trademark and the letter “g” trademark. The
“Gamesa” and “g” trademarks were added to the packaging of
Gamesa’s products by Gamesa. Petitioner used both trademarks in
advertising Gamesa's products in the United States.
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Last modified: May 25, 2011