The US International Trade Commission ("ITC") has ruled in favor of firm client Deere & Company in a long-standing dispute concerning the importation of gray market self-propelled forage harvesters from Europe.
On behalf of Deere, Buchanan intellectual property attorneys Bassam N. Ibrahim, S. Lloyd Smith and Bryce J. Maynard argued that the importation of these machines, which contain materially different features not intended for US consumers, infringes Deere's famous green and yellow leaping deer and JOHN DEERE trademarks. Deere prevailed at the initial hearing in front of the ALJ at the ITC, but the case had been appealed twice to the U.S. Court of Appeals for the Federal Circuit and subsequently remanded twice.
The commission's decision reinstates all relief earlier granted to Deere, including a general exclusion order barring importation of all infringing gray market machines and cease and desist orders against specific infringers.
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