Parallel Importation in U.S. Trademark Law

By Timothy H. Hiebert | Go to book overview

Chapter Six
Evolving Conceptions of Territoriality and Goodwill

In the late nineteenth century, courts had solved the problem of perceived conflict between public and private interests in trademark law through the insightful application of a new paradigm of trademark protection. From an earlier model of conflict between consumers' interest in discouraging "monopolies" and businesses' interest in ensuring returns on their investments, Duer, Upton, and others had fashioned a new model in which the two sets of interests were closely aligned. 1

A century later, a similar redefinition seemed to be taking place in the area of parallel importation. It was becoming clear that traditional concepts of trademark protection would not always adequately justify, on one hand, denying protection to domestic trademark registrants or, on the other hand, denying the availability of genuine goods to U.S. consumers. By applying the concept of "quality assurance" as a goal of trademark law, however, the district court in Bell & Howell found a way again to align the two sets of values and re-establish the coincidence of interests. 2 This new understanding permitted courts to protect domestic trademark owners by prohibiting parallel imports and yet also protect consumers by giving legal effect to their reliance on trademarks to indicate quality.

Still remaining, however, was the task of filling in the rest of the conceptual picture. What role, if any, did trademarks' traditional source identification function now play? And did the shift in emphasis about the nature of the public interest require corresponding adjustments in the principle of territoriality or the concept of goodwill? Answers to these questions would begin to emerge

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Parallel Importation in U.S. Trademark Law
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface vii
  • Notes ix
  • Chapter One - Parallel Importation and the Early History of Trademark Protection 1
  • Notes 13
  • Chapter Two - the Rise of Universality A. a Twofold Purpose 21
  • Chapter Three - Foundations of Modern Parallel Importation Law 43
  • Notes 56
  • Chapter Four - Related Companies Under Section 526 63
  • Notes 79
  • Chapter Five - Public Understanding and Private Expectations in the 1980s 85
  • Notes 98
  • Chapter Six - Evolving Conceptions of Territoriality and Goodwill 103
  • Notes 122
  • Chapter Seven - Territoriality Revisited 129
  • Chapter Eight the Future of Parallel Importation 151
  • Notes 157
  • Selected Bibliography 161
  • Index 177
  • About the Author 179
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