The Legal and Economic Aspects of Gray Market Goods

The Legal and Economic Aspects of Gray Market Goods

The Legal and Economic Aspects of Gray Market Goods

The Legal and Economic Aspects of Gray Market Goods

Synopsis

This groundbreaking volume covers all the legal and economic issues raised by the controversy over gray market goods. Lipner analyzes in detail the relevant judicial decisions, administrative actions, and legislation, and provides a thorough discussion of how trademark, copyright, and antitrust law, customs practice, and fraud issues affect the importation of gray market goods. Designed to help both the legal and business communities to understand and evaluate gray market situations, the book is written with a minimum of legal jargon and contains a complete supplement of statutes and governmental regulations related to the gray market.

Excerpt

The term "gray market goods" is a loosely used expression intended to connote any goods sold outside normal, authorized distribution channels. All gray market goods are genuine trademarked goods and are either imported or sold without the permission of the local trademark owner. Such goods must be distinguished from those goods that are counterfeit, so-called "black market" goods. Importation into the United States and sale of counterfeit goods clearly violate the rights of the trademark owner and are actionable under state and federal trademark statutes. Indeed, the Customs Service will halt such importation at the border, impound the goods, and possibly subject the importer to civil and perhaps criminal penalties.

The meaning of the term "genuine" was once the subject of legal dispute, but semantic questions of this kind have fallen to the wayside as courts moved on to the merits of the issues in the gray market. in the early 1980s, in a gray market case, the U.S. International Trade Commission addressed the semantical question of whether gray market goods were "genuine."

Genuine goods are goods produced or selected by the owner of a trademark, to which the owner of that trademark affixes the trademark or in connection with which the owner of the trademark uses the trademark (as in advertising). the phrase simply serves to distinguish the goods so produced and marked from goods marked . . .

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.