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Copyright © International Chamber of Commerce (ICC). All rights reserved. ( Source of the document: ICC Digital Library )
2010 LC CASE SUMMARIES __ F. Supp 2d. __, 2009 WL 2835785 (W.D. Ky. August 31, 2009) [USA]
Topics: Use
Article
Note: Javier Markowicz (Broker) acquired leather hides from sources in South America to sell to Blue Leather, LLC (Reseller) for resale to its customers. The orders would be packed in containers containing 8 to 19 pallets weighing 20,000 kilograms. Troubled by the shipment of alleged substandard quality hides, Reseller sued Broker for violation of a US statute (The Lanham Act, 15 USC Section 1125) that penalized any person uses a false designation of origin. Among other things, Reseller alleged that "[i]n early July 2007, in the process of completing a sale of leather hides for [Reseller], [Broker], gave written instructions and directions for the beneficiary on a letter of credit from a customer of [Reseller], regarding the purchase of certain leather hides from [Reseller], to be changed from [Reseller], to Marcelo Besozzi at Alzaibar 1286, Montevideo, Uruguay. Marcelo Besozzi is an [sic] close associate and friend of [Broker], Letrix S.A. [,] Letrix, Inc., and Juan Markowicz. The address given for Marcelo Besozzi is, upon information and belief, not the actual address for Marcelo Besozzi and is, upon information and belief, actually an address for, or used by, Defendants Letrix S.A. and Juan Markowicz."
Broker moved to dismiss this claim for failure to state a cause of action. The US District Court for the Western District of Kentucky, Simpson, J., granted the motion. The Judge rejected the claim that Broker's actions in changing the terms of the LC misrepresented the origin of the goods because there were no factual allegations that demonstrated how the changes misrepresented the origins of the goods.
[JEB]
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