As the previous chapters have shown, participants in the debate over gray market policy have devised a variety of mechanisms for reconciling the apparently competing values of economic efficiency, consumer protection, and property rights in parallel importation cases. The proliferation of such mediating mechanisms has reflected both the difficulty of the basic problem and the fluid nature of the interaction between trademark "functions" and "purposes." 1
Still, over the long history of legal discourse about trademarks and genuine goods, certain constant strands of thought seem to emerge. Attention to these enduring elements may facilitate a sensible approach toward parallel importation policy and should allow us to make some educated guesses about the direction gray market law will take in years to come.
Beginning in 1989, a series of Circuit Court decisions would begin to suggest a model for the future harmonization of gray market doctrine, animated by explicit invocations of the quality assurance function of trademarks and corresponding derogations of the traditional source identification function. Just as Duer had severed the perceived alliance between competitor and consumer, and had realigned those interests to give rise to the "twofold purpose" doctrine in Amoskeag Manufacturing Co. v. Spear, 2 the D.C. Circuit Court of Appeals would reinforce a similar change in perceptions about the consumer's interest in Lever Brothers Co. v. United States. 3 Lever Brothers arose when third parties