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Bourdeau Brothers v. ITC

United States Court of Appeals for the Federal Circuit
444 F.3d 1317 (2006)


Deere & Company (plaintiff) manufactured forage harvesters in both the United States and Europe. Some of the harvesters manufactured in the United States were intended solely for sale in Europe. The European and North American harvesters were not identical but contained differences, including the lighting configurations, warning labels, and safety decals. Further, the hitch mechanism on the European harvester was not compatible with North American wagons. Finally, the user manual of the American model was in English, but the manuals of the European model were in the language of the target country. Bourdeau Brothers, Inc. (defendant) imported some of Deere’s European harvesters for sale in the United States. Deere filed a claim with the International Trade Commission (the commission), asserting that the importation rendered the European harvesters gray-market goods, also known as gray goods, in violation of Deere’s trademark. The commission ruled in favor of Deere. Bourdeau appealed.

Rule of Law


Holding and Reasoning (Clevenger, J.)

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