Parallel Importation in U.S. Trademark Law

Overview

Over much of the past century, the law governing third-party importation of non-counterfeit, genuine goods has been obscured by conceptual uncertainty. In recent years, the debate over the gray market has centered on the fundamental reasons for trademark protection, and has raised the possibility of conflict between the two traditionally recognized purposes of trademark law—protecting consumers from deception and protecting trademark owners from lost sales.

Hiebert discusses the...

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Overview

Over much of the past century, the law governing third-party importation of non-counterfeit, genuine goods has been obscured by conceptual uncertainty. In recent years, the debate over the gray market has centered on the fundamental reasons for trademark protection, and has raised the possibility of conflict between the two traditionally recognized purposes of trademark law—protecting consumers from deception and protecting trademark owners from lost sales.

Hiebert discusses the evolution of the universality and territoriality principles of trademark law, and develops a new understanding of the role of goodwill in resolving trademark infringement issues. Beginning with a review of the earliest days of trademark law, Hiebert traces the development of the twofold purpose and territoriality doctrines in the United States, and examines in detail the cases, statutes, and regulations governing parallel imports. Unlike other recent treatments of the subject, this work benefits from the availability of important archival materials, and devotes considerable attention to the nineteenth-century antecedents of modern parallel importation doctrine, and to the evolution of trademark doctrine within the broader context of American legal realism.

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Product Details

Meet the Author

TIMOTHY H. HIEBERT is an attorney practicing trademark law at the firm of Samuels, Gauthier & Stevens in Boston.

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Table of Contents

Preface

Parallel Importation and the Early History of Trademark Protection

The Rise of Universality

Foundations of Modern Parallel Importation Law

Related Companies under Section 526

Public Understanding and Private Expectations in the 1980s

Evolving Conceptions of Territoriality and Goodwill

Territoriality Revisited

The Future of Parallel Importation

Bibliography

Index

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