Enforcing Trademark Rights Against Gray Market Imports

Preventing Sales, Dealing With Retailers, U.S. Customs, and Copyright Law

A live 90-minute premium CLE video webinar with interactive Q&A


Tuesday, February 2, 2021 (in 8 days)

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

This CLE webinar will guide counsel on the challenges in enforcing trademark rights against gray market imports in traditional retail environments and over the internet, including the gray market sale of products directly to U.S. consumers via foreign websites and on U.S. websites. The panel will examine both legal and practical measures for addressing the gray market, including trademark and copyright enforcement, working with U.S. Customs, marketplace monitoring, and dealing directly with retailers.

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.

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Outline

  1. Challenges of enforcing trademark rights against gray market imports over the internet
  2. Traditional means of preventing sales of gray market products
  3. U.S. Customs
  4. Non-traditional means: Technological advancements, marketplace monitoring, dealing directly with retailers

Benefits

The panel will review these and other crucial issues:

  • Current trends in gray market imports over the internet
  • Strategies for policing trademarks to identify and stop importers and sellers
  • Steps for IP counsel to pursue legal action to protect trademark rights
  • Alternative solutions for monitoring the marketplace and working directly with retailers

Faculty

Maynard, Bryce
Bryce J. Maynard

Shareholder
Buchanan Ingersoll & Rooney

Mr. Maynard focuses his practice in the area of trademark law. He has significant experience in trademark litigation,...  |  Read More

Pitts, Laura
Laura K. Pitts

Counsel
Buchanan Ingersoll & Rooney

Ms. Pitts counsels clients on IP protection and enforcement strategies, manages clients’ global trademark...  |  Read More

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