Lever Brothers Company v. United States
United States Court of Appeals for the District of Columbia Circuit
877 F.2d 101 (1989)
Lever Brothers (plaintiff) manufactured a Shield deodorant and Sunlight dishwashing soap both in the U.S. and, with small ingredient and packaging differences, in the United Kingdom through an affiliate; consumer evidence showed the differences only became apparent once the products were used, leading to complaints and a belief the U.K. products were lower quality. A third party imported the U.K.-made products into the U.S., and Customs (defendant) refused to stop it, reasoning that products from a Lever affiliate weren't "copies or simulations" of the U.S. mark. The district court agreed and denied Lever's motion for a preliminary injunction; Lever appealed.
Whether foreign goods bearing a valid trademark identical to a U.S. trademark, but physically different from the U.S. goods, can be barred from importation and sale in the United States.