Tabberone is pronounced tab ber won not tay ber own

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This information is taken directly from the court opinion. It is not taken out of context nor is it altered.

From Iberia Foods v Rolando Romeo, 150 F.3d 298 (3rd Cir 1998)

Iberia's federal trademark claim proceeds under § 32 of the Lanham Act, 15 U.S.C. § 1114.6 Under the sway of Justice Holmes's landmark opinion in A. Bourjois & Co. v. Katzel, 260 U.S. 689, 43 S.Ct. 244, 67 L.Ed. 464 (1923), courts have construed this statute to grant trademark owners the right to enjoin the sale of products containing the owner's authentic mark when the products offered for sale are similar but not identical to those offered by the trademark owner. The need for such protection has arisen most often in the context of so-called "gray goods" cases. In such cases, holders of United States trademarks affixed to products manufactured abroad have used § 32 of the Lanham Act as a means of preventing the sales of inferior parallel imports. See, e.g., Original Appalachian Artworks, Inc. v. Granada Elecs., Inc., 816 F.2d 68 (2d Cir.1987) (owner of Cabbage Patch Kids trademark entitled to injunctive relief from sales in United States of Spanish version of dolls without "adoption" feature). The scope of the action is not limited to gray goods cases, however. The same theory has been used to enjoin the sale of domestic products in conditions materially different from those offered by the trademark owner. See, e.g., Warner-Lambert Co. v. Northside Dev. Corp., 86 F.3d 3 (2d Cir.1996) (owner of Halls cough drops trademark entitled to injunction against sale of Halls cough drops past their expiration date).