The Business Review (Albany) reports (reg. required) on what could be a very important decision relating to the importation of grey goods:
The U.S. Court of Appeals for the Federal Circuit has directed the U.S. International Trade Commission to reconsider its ruling prohibiting domestic sales of John Deere harvesters that were produced for the European market…
At issue is whether the products intended for the European and U.S. markets are materially different. In its decision the appellate court directed the trade commission to require Deere to prove that sales were based on the differences in the products….
The European version was less expensive because the marketing climate in Europe caused the company to reduce prices there, [a partner from the winning firm] said.
The story is evidently really a press release from the winning law firm. Anyone with a link to the actual decision is invited to send it along to <likelihoodofconfusion at gmail>.
UPDATE: It’s still going on. And it’s… confusing! Again: Someone tell me when it’s over. And also, what “over” looks like.