Enforcing Trademark Rights Against Gray Market Imports

Description

Gray market imports are goods that are lawfully produced by or on behalf of a trademark owner and are intended for sale outside the U.S. but imported into the U.S. for sale without the trademark owner's consent or authorization. The unauthorized importation and sale of gray market goods is costly, resulting in billions of dollars in losses for U.S. companies.

One of the main challenges in enforcing trademark rights against gray market imports is the sale of gray market products directly to U.S. consumers over the internet, both via foreign websites and on U.S. websites such as Amazon.

When gray market goods threaten trademarks, IP counsel must respond quickly to prevent the importation and sale of such products within the U.S. Counsel has a variety of means to enforce trademark rights against gray market goods, including bringing infringement proceedings to the courts or the International Trade Commission.

However, in some cases, it may be quicker and more cost-effective to pursue more creative solutions, such as working with U.S. Customs, employing advanced monitoring technologies, or working directly with retailers to prevent the unauthorized importation and/or sale of these goods within the United States.

Listen as our authoritative panel examines the challenges of enforcing trademark rights against gray market imports over the internet and discusses traditional and non-traditional means of addressing the importation and sale of unauthorized goods into the U.S.