Intellectual Property Law

PROTECTING YOUR BRANDS FROM PARALLEL IMPORTS

By Mark J. Sever, Jr.

As our economy becomes increasingly globalized, prudent trademark owners will remember that it is their responsibility to maintain control over the distribution channels, as well as the ultimate geographic sale location, of their branded products. Markets around the world are being flooded with ?parallel imports? and ?gray market? goods - branded goods that are imported into a market and sold there without the consent of the owner of the trademark in the markets. These goods are not counterfeit (i.e., manufactured by someone other than the brand owner). Rather, they are manufactured by, for, or under license by the brand owner, but are imported into a jurisdiction different from that intended by the trademark owner. The question for trademark owners is, what rights do they have to stop the sale of gray market goods? (more…)

Full post as published by A & G IP on January 16, 2008 (boomark / email).