Gray Markets: Prevention, Detection and Litigation

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2015 Edition
ISBN: 9781632830708
Published: May 22, 2014
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2015 Edition
ISBN: 9781632830715
Published: May 22, 2014
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2015 Edition
ISBN: 9781632830715
Published: May 22, 2014
In Stock
Price
$239.00
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In Gray Markets: Prevention, Detection and Litigation (2015 Edition), David R. Sugden provides the first 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, Sugden 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 2015 Edition has been updated to include new information on two separate cases where the Supreme Court examined whether the first sale doctrine applied to goods manufactured and sold overseas with the copyright holder’s permission. The first case, Omega v. Costco, resulted in a 4-4 draw with Justice Elena Kagan recusing herself given her prior work on the case as solicitor general. The result of the draw was an affirmation of the Ninth Circuit’s holding that the first sale doctrine was not an available defense to Costco when it sold authentic Omega watches that were manufactured and first sold overseas with Omega's permission. The second case, Kirtsaeng v. John Wiley & Sons, Inc., involved an entrepreneurial graduate student who created a small business by selling textbooks that were originally made and sold in Thailand. All was going well for Mr. Kirtsaeng until John Wiley & Sons sued and the trial court precluded Mr. Kirtsaeng from relying on the first sale doctrine. John Wiley & Sons prevailed and was awarded statutory damages of $600,000. In March 2013, the Supreme Court reversed the ruling siding with Mr. Kirtsaeng and finally settling the first sale doctrine issue. The Court held that the first sale doctrine applies to copies that are lawfully made and sold with the copyright holders permission, regardless of geographic location. And on the heels of the Kirtsaeng ruling, the Ninth Circuit quickly and swiftly adopted the Supreme Court's analysis to dismiss Omega's claims.

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
•  Written by a prominent litigator who has won multi-million dollar settlements in gray market cases, including a $10 million judgment for Nortel

Authors / Contributors

Table of Contents


PART I Introduction: The Gray Market

CHAPTER 1 Shades of Gray

CHAPTER 2 From iPhones to Viagra

CHAPTER 3 Black and Gray Market 2.0

CHAPTER 4 The Rippling Effect

PART II Prevention: Reducing The Gray Market Potential

CHAPTER 5 Education

CHAPTER 6 Troubleshooting Supply Chain Vulnerabilities

CHAPTER 7 Alternative Gray Market Strategies

PART III Detection: Monitoring the Supply Chain

CHAPTER 8 Red Flags

CHAPTER 9 Methods of Detection

PART IV Reaction: Legal Strategies After Gray Market Discovery

CHAPTER 10 Initial Strategies

CHAPTER 11 Preliminary Remedies

CHAPTER 12 Civil Discovery

CHAPTER 13 Theories of Recovery: Breach of Contract

CHAPTER 14 Theories of Liability: Intentional Interference with Contract (IIWC)

CHAPTER 15 Theories of Liability: Intentional Interference with Prospective Economic Advantage (IIEA)

CHAPTER 16 Theories of Liability: Copyright

CHAPTER 17 Theories of Liability: Trademark

CHAPTER 18 Theories of Liability: State Law

CHAPTER 19 Approaches to Gray Market around the Globe