Kubota (plaintiff) was a Japanese company that produced and sold agricultural equipment. Kubota produced different models of tractors that were often custom designed for sale in a particular country. Kubota-US was a subsidiary that sold Kubota tractors designed for use in the United States. Gamut Trading Company (defendant) purchased used Kubota tractors in Japan and imported them into the United States for sale. These tractors had originally been intended for sale in Japan and were substantially different than the tractors offered for sale in the United States by Kubota-US. Kubota brought an action before the U.S. International Trade Commission (the commission) seeking an order excluding Gamut’s importation of the used Japan-originating tractors, alleging that such importation infringed on Kubota’s trademark rights. The commission granted the exclusion order, and Gamut appealed to the Federal Circuit.