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Vittoria North America LLC v. Euro-Asia Imports Inc.

Italian bicycle tire manufacturer did not "control" American distributor merely because companies enjoyed close and profitable relationship, and thus domestic distributor had standing to assert Tariff Act gray market claim against unauthorized tire importer.

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The full case caption appears at the end of this opinion. EBEL, Circuit Judge.

In this case we are called upon to interpret provisions of the Tariff Act of 1930 designed to protect domestic owners of trademarks affixed to goods produced overseas by foreign manufacturers. Plaintiff-Appellee Vittoria North America, L.L.C., (“VNA”), an Oklahoma limited liability company, alleges that it is the U.S. owner of the trademark Vittoria, which designates a well-known brand of bicycle tires. VNA alleges that Defendant-Appellant Euro-Asia Imports, a California sole proprietorship, has purchased Vittoria-branded tires overseas and imported them into the United States in violation of VNA’s trademark rights. VNA sued Euro-Asia Imports and its sole proprietor Robert Hansing[FOOTNOTE 1] (collectively “EAI”) under � 526 of the Tariff Act (codified at 19 U.S.C. � 1526) (“the Act”) seeking damages as well as an injunction to prevent EAI from continuing to import Vittoria bicycle tires into the United States. The Act states: Except as provided in subsection (d) of this section, it shall be unlawful to import into the United States any merchandise of foreign manufacture if such merchandise, or the label, sign, print, package, wrapper, or receptacle, bears a trademark owned by a citizen of, or by a corporation or association created or organized within, the United States, and registered in the Patent and Trademark Office by a person domiciled in the United States, under the provisions of sections 81 to 109 of Title 15, and if a copy of the certificate of registration of such trademark is filed with the Secretary of the Treasury, in the manner provided in section 106 of said Title 15, unless written consent of the owner of such trademark is produced at the time of making entry.

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