(United States Federal Circuit) - Appeal of the International Trade Court's (ITC) decision on summary judgment that U.S. Customs and Border Protection correctly determined that plaintiff violated section 304 of the Tariff Act of 1930,as amended, by importing jeans that were not properly marked with their country of origin, and the ITC judgment is reversed where: 1) the term "trademark" in 19 C.
F.
R. section 134.47 is clear on its face; and 2) the trial court erred in deferring to Customs' interpretation because "trademark" in section 134.47 unambiguously includes unregistered trademarks that are not subject to a pending application.
Source: findlaw.com