Gray Markets: Prevention, Detection and Litigation

Gray Markets: Prevention, Detection and Litigation, by new author, Eric Bensen, provides the first comprehensive analysis of the gray market as well as a blueprint for attorneys and businesses to prevent, detect, and litigate gray market cases.
Publisher: Matthew Bender

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2019 Edition
ISBN: 9781522178811
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2019 Edition
ISBN: 9781522178828
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2019 Edition
ISBN: 9781522178828
In Stock
Price
$264.00
QTY
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In Gray Markets: Prevention, Detection and Litigation (2019 Edition), new author, Eric Bensen, provides comprehensive legal analysis of the unauthorized economy known as the gray market and offers a blueprint for attorneys and businesses to prevent, detect, and litigate gray market cases. After introducing readers to a variety of strategies to prevent a brand owner’s products from finding their way into unauthorized distribution channels, Bensen covers educational and contractual methods that communicate the importance of gray market abstinence, along with on-site security and modern tracking technologies, the use of private investigators, and even “dumpster dives”, while also examining the legal boundaries of gray market investigations. The 2019 Edition has been updated to include discussions on ink cartridges, song files and internet movie access, IP Licensing, the Tariff Act of 1930, inference with contracts with end users, as well as a new chapter on patent theories of liability.

Features

•  A must-have, strategic guide for practitioners to detect and prevent gray market activity, as well as learn effective judicial remedies, legal theories and defenses in both criminal and civil proceedings
•  The first comprehensive analysis of the business and law of the gray market

Authors / Contributors

Table of Contents

Table of Contents
About the Author
Acknowledgments

PART I Introduction: The Gray Market
CHAPTER 1 Shades of Gray: The Spectrum of Product Diversion
§ 1.01 The Gray Market
§ 1.02 From Bad to Worse: The Black Market
CHAPTER 2 From iPhones to Viagra: The Affected Industries
§ 2.01 Airline Industry
§ 2.02 Automotive Industry
§ 2.03 Cigarette Industry
§ 2.04 Cosmetics and Personal Care Products
§ 2.05 Clothing and Apparel
§ 2.06 Food and Drinks
§ 2.07 Watches and Jewelry
§ 2.08 Natural Resources
§ 2.09 Technology
§ 2.10 Pharmaceuticals
§ 2.11 Toys
§ 2.12 Ink Cartridges
§ 2.13 Electronic Song Files
§ 2.14 Internet Movie Access
CHAPTER 3 Black and Gray Market 2.0: From Flea Markets to eBay
§ 3.01 Introduction
§ 3.02 Globalization
§ 3.03 Internet
§ 3.04 Technology
§ 3.05 Decreased Trade Barriers
CHAPTER 4 The Rippling Effect: Gray Market Consequences
§ 4.01 Economic Consequences
§ 4.02 Social Consequences
§ 4.03 Benefits of the Gray Market

PART II Prevention: Reducing The Gray Market Potential
CHAPTER 5 Education: Promoting Gray Market Abstinence
§ 5.01 No Single Strategy
§ 5.02 Employees
§ 5.03 Distribution Partners
§ 5.04 Consumers
§ 5.05 Industry Alliances
§ 5.06 Government Relations
§ 5.07 Media
CHAPTER 6 Troubleshooting Supply Chain Vulnerabilities
§ 6.01 Selecting and Qualifying Partners
§ 6.02 The Partner Contracts
§ 6.03 Tightening the Supply Chain
CHAPTER 7 Alternative Gray Market Strategies
§ 7.01 Worldwide Pricing
§ 7.02 Staggered Distribution
§ 7.03 Internal Distribution
§ 7.04 IP Insurance
§ 7.05 IP Licensing
§ 7.06 Tariff Act of 1930

PART III Detection: Monitoring the Supply Chain
CHAPTER 8 Red Flags: The Warning Signs of Gray Market Activity
§ 8.01 Introduction
§ 8.02 Pricing That Is Too Low
§ 8.03 Unreasonable Spikes in Orders
§ 8.04 Unusual Orders
§ 8.05 Special Discount Requests
§ 8.06 Warranty Exchange Requests
§ 8.07 Unusual Delivery Requests
CHAPTER 9 Methods of Detection
§ 9.01 Introduction
§ 9.02 Audits
§ 9.03 Internet Monitoring
§ 9.04 Brand Protection Purchases
§ 9.05 Informants
§ 9.06 Dumpster Diving

PART IV Reaction: Legal Strategies After Gray Market Discovery
CHAPTER 10 Initial Strategies
§ 10.01 Introduction
§ 10.02 Litigation Alternatives
§ 10.03 Civil or Criminal Justice
§ 10.04 State or Federal Court
§ 10.05 Personal Jurisdiction and Venue
CHAPTER 11 Preliminary Remedies
§ 11.01 Introduction
§ 11.02 Search and Seizure
§ 11.03 Temporary Restraining Orders and Preliminary Injunctions
§ 11.04 Knock’n Talks
§ 11.05 Cease and Desist Correspondence
CHAPTER 12 Civil Discovery
§ 12.01 Introduction
§ 12.02 E-Discovery: The Amended FRCP
§ 12.03 Forensic Preservation and Examination
CHAPTER 13 Theories of Recovery: Breach of Contract
§ 13.01 Diversion Means Breach
§ 13.02 Introduction to Contract Law
§ 13.03 Contract Law’s Treatment of the Gray Market
§ 13.04 Affirmative Defenses and the Gray Market
§ 13.05 Remedies
CHAPTER 14 Theories of Liability: Intentional Interference with Contract (IIWC)
§ 14.01 Introduction to IIWC
§ 14.02 IIWC’s Treatment of the Gray Market
§ 14.03 Interference with Contracts with End Users
§ 14.0304 Affirmative Defenses
§ 14.0405 Remedies
CHAPTER 15 Theories of Liability: Intentional Interference with Prospective Economic Advantage (IIEA)
§ 15.01 Introduction to IIEA
§ 15.02 IIEA’s Treatment of the Gray Market
§ 15.03 Affirmative Defenses and the Gray Market
§ 15.04 Remedies
CHAPTER 16 Theories of Liability: Copyright
§ 16.01 Introduction to Copyright Law
§ 16.02 Copyright Law’s Treatment of the Gray Market
§ 16.03 Affirmative Defenses
§ 16.04 Remedies
CHAPTER 17 Theories of Liability: Trademark
§ 17.01 Introduction to Trademark Law
§ 17.02 Trademark Law’s Treatment of the Gray Market
§ 17.03 Affirmative Defenses
§ 17.04 Remedies
CHAPTER 17A Theories of Liability: Patent 17A.01 Introduction to Patent Law 17A.02 Patents & the Gray Market 17A.03 Limitations & Affirmative Defenses 17A.04 Remedies
CHAPTER 18 Theories of Liability: State Law
§ 18.01 Introduction
§ 18.02 Gray Market Statutes in California
§ 18.03 Gray Market Statutes in Connecticut
§ 18.04 Gray Market Statutes in New York
§ 18.05 Gray Market Statutes in Washington D.C. and Michigan: Gray Market Cigarette Statutes
CHAPTER 19 Approaches to Gray Market around the Globe
§ 19.01 Introduction
§ 19.02 Canada
§ 19.03 Mexico
§ 19.04 Europe
§ 19.05 Russia
§ 19.06 China
§ 19.07 India

Table of Cases

Table of Statutes

Index