Lever Brother Co. v. United States
United States Court of Appeals for the District of Columbia Circuit
981 F.2d 1330 (1993)
Lever Brother (plaintiff) sold dish soap in the U.S. and, through a British affiliate, in Great Britain under identical trademarks registered in each country, but formulated the soap and packaging differently for each market. An unauthorized gray market brought the British formulation into the U.S., generating consumer complaints, and Lever sued Customs (defendant) under section 42 of the Lanham Act, which bars importing goods copying or simulating a valid U.S. trademark. Customs relied on a regulation exempting goods bearing a foreign trademark from that bar when the foreign and U.S. trademark owners were under common ownership. The district court found the regulation didn't comply with section 42's plain meaning and granted Lever summary judgment; Customs appealed.
Whether section 42 of the Lanham Act prohibits importing goods bearing a trademark identical to a valid United States trademark if the goods are physically different from the goods sold in the United States.