United States v. Joseph Almany, D/B/A J.A. Imports Distributors, Encino, California

Almany appeals from the district court’s order denying his motion to (1) refer this case to the Patent & Trademark Office (PTO) under the doctrine of primary jurisdiction and (2) discover certain grand jury transcripts. We dismiss the appeal.

I.

FACTS AND PROCEEDINGS BELOW

Almany is charged in a five count indictment with conspiracy to traffic in counterfeit goods and with trafficking in counterfeit goods. See 18 U.S.C. §§ 371 , 2320 (1982 & Supp. IV 1986). Almany and his wife own J.A. Imports Distributors (JA Imports). FBI agents allegedly ordered counterfeit Rolex watches from Almany. Agents executed a search warrant at JA Imports and discovered several hundred watches with Rolex, Piaget, Cartier, and Gucci trademarks.

Almany filed a motion to dismiss the indictment on the ground that the PTO has primary jurisdiction over this case. The district court denied the motion. Almany next filed a motion for discovery of certain grand jury transcripts. He argued that the government had an obligation to inform the grand jury of certain Lanham Act defenses and that the transcripts were necessary to determine whether the government complied with this duty. The district court also…