Trademark rights in gray markets

The legality of trademark protection in gray markets is determined by the principles of: universality, exhaustion and territoriality. Recent cases involving the Tariff, Lanham, and Copyright Acts have restricted the level of legal recourse where parallel imports jeopardize the trademark holder’s investment and/or create confusion amongst the consumers. The landmark 1998 L’Anza Supreme Court decision clearly sends a message to trademark owners that legislative protection … [ Read more ]