Effective Weapons Against Gray Goods

Mark Schonfeld

Corporate Counsel

August 23, 2010

In April, 2010, the Supreme Court granted certiorari in the case of Omega SA v. Costco Wholesale Corp. (pdf)

The court's decision to take the case against the recommendation of the solicitor-general signals that an important opinion will be issued regarding the gray market. Retailers, manufacturers and distributors eagerly await the decision, which will decide whether copyright law can be used to stop unauthorized importation and distribution of a product in the U.S.

However, trademark law and patent law already offer potent and effective weapons against the gray market that are not yet being widely used by manufacturers.

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