Narrative Opinion Summary
On December 6, 2005, an erratum was issued for the precedential opinion in the case of SKF v. ITC, originally decided on September 14, 2005. The correction specifically alters the first paragraph on page 6. The revised paragraph clarifies that the Commission found post-sale services did not accompany certain sales by SKF USA, which included various alternate distribution channels: Chicago Rawhide (focused on the vehicle service market), Roller Bearing Company/Tyson Bearing Company, gray market distributors, the surplus market, and nonauthorized distributors to end users. These alternate channels accounted for 12.6% of SKF USA’s total bearing sales. Despite 87.4% of SKF USA’s sales going through authorized distributors with post-sale services, the Commission concluded that the 12.6% of sales without such services undermined SKF USA’s claim that material differences accompanied all or substantially all of its marked bearings.
Legal Issues Addressed
Clarification of Material Differences in Trademark Lawsubscribe to see similar legal issues
Application: The legal principle is applied to assess whether post-sale services constitute material differences in trademarked goods. The Commission determined that the absence of post-sale services in 12.6% of SKF USA's sales undermines their claim of material differences in all or substantially all of their products.
Reasoning: Despite 87.4% of SKF USA’s sales going through authorized distributors with post-sale services, the Commission concluded that the 12.6% of sales without such services undermined SKF USA’s claim that material differences accompanied all or substantially all of its marked bearings.
Impact of Distribution Channels on Trademark Claimssubscribe to see similar legal issues
Application: The legal principle is applied by examining the various distribution channels used by SKF USA and their impact on the claim of material differences in trademarked goods. The Commission's findings indicate that sales through alternate channels lacking post-sale services affected the overall claim.
Reasoning: The revised paragraph clarifies that the Commission found post-sale services did not accompany certain sales by SKF USA, which included various alternate distribution channels: Chicago Rawhide (focused on the vehicle service market), Roller Bearing Company/Tyson Bearing Company, gray market distributors, the surplus market, and nonauthorized distributors to end users.