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Buchanan Team Prevails in Long-Running Infringement Case for Client Deere & Company


Thursday, February 28, 2013

Buchanan Ingersoll & Rooney PC announced today that the Federal Circuit has affirmed an International Trade Commission decision in favor of firm client Deere & Company regarding the import of grey market goods. Deere was represented by Buchanan Ingersoll & Rooney intellectual property attorneys Bassam N. Ibrahim, S. Lloyd Smith and Bryce J. Maynard.

The case dates back to 2003, when Deere filed a complaint with the International Trade Commission regarding the importation and sale of "European version" forage harvesters that were intended solely for sale in Europe and had different features than those that consumers in the United States were accustomed to receiving on Deere forage harvesters. Deere alleged that these unauthorized sales infringed Deere's JOHN DEERE and leaping deer logo trademarks. The ITC originally ruled in favor of Deere in 2004, finding that the European version machines were "materially different" than Deere's North American machines, and issued an order barring the further importation and sale of the European version products.

On February 20, 2013, following nearly a decade of appeals and remands, the Federal Circuit affirmed the ITC’s decision to reinstate the general exclusion order.

About the Firm

Buchanan Ingersoll & Rooney PC (www.bipc.com) has more than 450 attorneys and government relations professionals practicing throughout the United States, with offices in California, Delaware, Florida, New Jersey, New York, North Carolina, Pennsylvania, Virginia and Washington, D.C.



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