November 29, 2006 CBP Bulletin Notice on Receipt of Lever-Rule Application
In the November 29, 2006 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 40, No. 49), CBP issued a notice announcing its receipt of a "Lever-Rule" application on behalf of American Standard International, Inc. concerning certain "Spin-On Air Dryer Desiccant Cartridges."
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Receipt of Application for "Lever-Rule" Protection for American Standard International, Inc.
CBP has received an application on behalf of American Standard International, Inc. seeking "Lever-Rule" protection against importations of the following products intended for sale in foreign markets:
Spin-On Air Dryer Desiccant Cartridges which bear the following trademark(s): "WABCO" (U.S. Patent and Trademark Office Registration No. 1,150,784; CBP Recordation No. TMK 05-00136).
CBP states that, pursuant to 19 CFR 133.2(f), it will publish an additional notice in the CBP Bulletin indicating whether the trademark(s) will receive Lever-Rule protection for spin-on air dryer cartridges in the event that CBP determines that the subject air dryer cartridges are physically and materially different from the products authorized for sale in the U.S.
(In light of the 1993 court decision in Lever Bros. Co. v. U.S., CBP issued a final rule (T.D. 99-21) in February 1999 that, upon application by the U.S. trademark owner, restricts the importation of certain gray market articles that bear genuine trademarks identical to or substantially indistinguishable from those appearing on articles authorized by the U.S. trademark owner for importation or sale in the U.S., and that thereby create a likelihood of consumer confusion, in circumstances where the gray market articles and those bearing the authorized U.S. trademark are physically and materially different. See ITT's Online Archives or 02/24/99 news, 99022325, for BP summary of T.D. 99-21.)
November 29, 2006 CBP Bulletin (Vol. 40, No. 49) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2006/vol40_11292006_no49/