48 U.S.C. § 1643
Import provisions with respect to trade-marks
Section 1124 of title 15, and section 1526 of title 19, shall not apply to importations into the Virgin Islands of genuine foreign merchandise bearing a genuine foreign trade-mark, but shall remain applicable to importations of such merchandise from the Virgin Islands into the United States or its possessions; and the dealing in or possession of any such merchandise in the Virgin Islands shall not constitute a violation of any registrant’s right under the Trade Mark Act [15 U.S.C. 1051 et seq.].
Notes of Decisions
Cited in 3
cases, 1985–1989 · leading case: Weil Ceramics & Glass, Inc. v. Dash, 618 F. Supp. 700 (D.N.J. 1985).
Weil Ceramics & Glass, Inc. v. Dash, 618 F. Supp. 700 (D.N.J. 1985). “48 U.S.C. § 1643 which provides that § 42 and § 526 are not applicable to importations into the Virgin Islands of “genuine foreign merchandise bearing a genuine foreign trademark” but are applicable to imports from the Virgin Islands to the United States.”
Disenos Artisticos E Industriales, S.A. v. Work, 676 F. Supp. 1254 (E.D.N.Y 1987). “In support of its contention, plaintiff argues that by providing exceptions to the exclusion of “genuine” goods in two other statutory provisions, 48 U.S.C. § 1643 (the Virgin Islands Exception) and 19 U.”
Weil Ceramics & Glass, Inc. v. Dash, 878 F.2d 659 (3rd Cir. 1989). “In light of that specific preclusion, the district court concluded that “[i]f Congress did not believe that genuine goods were excludable under § 42 and § 526, then it would not have had to create a special exception for imports into the Virgin Islands.”
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