Last edited by Dirn
Monday, April 20, 2020 | History

3 edition of Parallel importation in U.S. trademark law found in the catalog.

Parallel importation in U.S. trademark law

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  • 3 Currently reading

Published by Greenwood Press in Westport, Conn .
Written in English

    Places:
  • United States.
    • Subjects:
    • Trademarks -- Law and legislation -- United States.,
    • Gray market -- United States.

    • Edition Notes

      Includes bibliographical references (p. [161]-175) and index.

      StatementTimothy H. Hiebert.
      SeriesContributions in legal studies,, no. 74
      Classifications
      LC ClassificationsKF3180 .H54 1994
      The Physical Object
      Paginationix, 178 p. :
      Number of Pages178
      ID Numbers
      Open LibraryOL1405865M
      ISBN 100313289565
      LC Control Number93014123


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Parallel importation in U.S. trademark law by Timothy H. Hiebert Download PDF EPUB FB2

Parallel Importation in U.S. Trademark Law and millions of other books are available for Amazon Parallel importation in U.S. trademark law book. Enter your mobile number or email address below and we'll send you a link to download the free Kindle App.

Then you can start reading Kindle books Cited by: 1. 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 cturer: Praeger.

The Hardcover of the Parallel Importation in U.S. Trademark Law by Timothy H. Hiebert at Barnes & Parallel importation in U.S. trademark law book. FREE Shipping on $35 or more. Due to COVID, orders may be delayed. Note: If you're looking for a free download links of Parallel Importation in U.S.

Trademark Law (Contributions in Legal Studies) Pdf, epub, docx and torrent then this site is not for you. 1 Parallel Importation and the Early History of Trademark Protection 1 A. The Parallel Importation Debate 1 B. Proprietary and Psychological Goodwill 3 C.

Public and Private Interests in Early Trademark Law Parallel importation in U.S. trademark law book. Parallel imports, also known as gray market goods, are branded goods that have been purchased through legal channels outside the United States and imported for sale into the United States without authorization from the U.S.

trademark owner. Parallel imports File Size: KB. Parallel importation under the Trademark law is considered legal. According to section 30(3) of the Act, it does not Parallel importation in U.S. trademark law book to infringement provided the trademarked products are lawfully acquired from the market for the purpose of importing.

Parallel Imports and Trademark Law Sneha Jain† ILS Law College, Law College Road, PuneMaharashtra Received 31 Parallel importation in U.S. trademark law bookrevised 8 January Parallel importation has assumed Cited by: 1. Another forum in which trademark owners may bring claims seeking to prevent parallel importation is the U.S.

International Trade Commission (ITC), located in Washington, D.C. The ITC has jurisdiction under Section of the Tariff Act to investigate claims that the importation of goods into the United States infringes patents, trademarks.

TRADEMARK LAW RULES OF PRACTICE & FEDERAL STATUTES U. PATENT & TRADEMARK OFFICE Febru Febru TABLE OF CONTENTS 37 C.F.R. PART 2-RULES OF PRACTICE IN TRADEMARK CASES § Prior U.S. Parallel Imports into the U.S. – Differing Shades of “Gray”. Often the bane of U.S. trademark holders, parallel imports or “gray market” goods are goods bearing a genuine trademark and sold into a market outside of the US, and then subsequently imported into the US without the authorization of the trademark.

Beginning with a review of the earliest days of trade mark law, this book traces the development of the "twofold purpose" and "territoriality" doctrines in the US, and examines in detail the cases, statutes and regulations governing parallel imports.

Consequently, EU law protects and supports parallel imports as a tool for achieving and maintaining a single market. The issue of parallel imports affects various business sectors and areas of law. GRAY MARKET GOODS: AN OVERVIEW OF U.S TRADEMARK LAW TO PREVENT THE UNLAWFUL IMPORTATION OF GRAY MA RKET GOODS: by Andrew Holland “Gray market” is the term used to describe the sale of new, used, surplus and refurbished products through unauthorized resellers or channels., also commonly Gray market goods referred to as “parallel imports” File Size: KB.

Parallel importing is a form of unauthorized or unlicensed international trade that some importers partake in to capture the customer market. It is often referred to as the “gray market”.

INTELLECTUAL PROPERTY RIGHTS. Introduction. Parallel imports are one of the most iridescent and enigmatic phenomena of international trade. On the one hand, they strictly follow the laws of the.

CBP will, however, allow the importation of parallel import goods if labels are affixed to the goods indicating that the goods are not authorized for importation and sale in the United States by the File Size: 58KB. Probably this is why parallel imports are labelled ‘grey-market’ goods or ‘ grey products’ while counterfeit goods typically belong to the ‘black market’.

The law on such imports is based on the Principle of. (15 u.s.c. §§). Gray Market (Parallel Imports): Gray market goods are genuine goods manufactured in a foreign country bearing a United States trademark and imported without the.

The intent of parallel importing is to allow for the free flow of a competitive supply of the goods in question. Historically copyright was used by New Zealand authorised distributors to prevent parallel. Parallel importation therefore involves a conflict of interests between promoting competition and protecting the intellectual property rights of the trade mark owner.

In Australia, trade mark owners have been able to strategically use trade mark law to prevent parallel imports. International Exhaustion and Parallel Importation While developing your export strategy, you should verify, preferably by consulting a qualified professional, whether a buyer could legally resell in another.

Keywords: EU Law, European Union, parallel imports, trademark exhaustion, USA doi: /bjes Baltic Journal of European Studies Tallinn University of Technology (ISSN ). To trademark owners that are harassed by parallel imports, it is possible to take measures to stop others from parallel importing of their trademarked products, if they can prove the products have quality and safety problems in use.

For parallel. The paper is divided into four sections: The first section explains the concept of exhaustion/parallel importation in relation to patents. Section two examines the ambiguities inherent in Section A(b). It also explores the gaps in the law Cited by: 3. These goods are by and large “parallel imports” or grey market goods – authentic products legally purchased in a foreign country, imported into China, and then offered for sale.

China does not have a clearly articulated position on the legality of parallel imports. to sue for the exclusion of parallel imports under U.S.

trademark law. These include the Lanham act in § as well as § 32(a)9 (for regis-tered marks) and § 43(a) 10 (for unregistered marks). An additional right can be found in the Tariff Act in § Early U.S.

cases refused to protect U.S. trademark owners from parallel imports. Parallel imports, also known as “gray market” goods, are goods bearing a trademark protected in the United States that have been purchased through legal channels abroad and imported for unauthorized.

TRADEMARK LAW FEDERAL STATUTES U. PATENT & TRADEMARK OFFICE Novem Novem TABLE OF CONTENTS TRADEMARK ACT OFAS AMENDED TITLE I - THE PRINCIPAL REGISTER § 1 (15 U.S.C. § ).

Application for registration; verification (15 U.S.C. § ). Importation. on the issue of trade marks and parallel importation: Shanahan, op. cit.

at ; Ricketson, op. cit. at paras. ; A. Muratore and D. Robertson, "The Trade Marks Act and Parallel Imports. A parallel import is a non-counterfeit product imported from another country without the permission of the intellectual property owner. Parallel imports are often referred to as grey product and are implicated in issues of international trade, and intellectual property.

Parallel importing. In this chapter, I address the relationship between the principle of trademark exhaustion and the free movement of goods in free trade areas. In particular, I analyze the existing approaches to trademark exhaustion and parallel imports Cited by: 3.

Parallel imports are generally imported without actual authorization from the proprietor of the copyrights or trademarks. However, the rights holder of either the copyrights or trademarks had, in some.

State law continues to add its own protection, complementing (and complicating) the federal trademark system. Recent developments in U.S. trademark law have included the adoption of the Federal Trademark Dilution Act of (see Trademark dilution), the Anticybersquatting Consumer Protection Act, and the Trademark.

International exhaustion of trade marks and parallel imports in the US and the EU: How to achieve symmetry. Parallel Importation (Canada Law Books Ltd ) 19 U.S.C. §(a) Author: Andrea Zappalaglio. Intellectual Property Rights (IPR) exist to incentivize innovation & trade and provide exclusivity of usage to authors/innovators/trademark holders.

In the present scenario where right holders are vigilant and aggressive in asserting their claim over their intellectual property, the issue of Parallel Imports.

For example, in some countries, such as Canada and New Zealand, trademark law allows for parallel importation, though other laws (e.g., copyright law) may also provide a remedy. In contrast, in the.

Has the decision in Flynn Pharma Ltd v Drugsrus Ltd and another [] EWHC (Ch) clarified the law of trade mark infringement concerning parallel imports of repackaged pharmaceuticals. Tamsin. As regards China’s strategies to respond to parallel importation, the author is of the view that, in principle, international exhaustion principle should be adopted in the trademark field to allow parallel importation.

Countries around the world choose applications of IP principles on the basis of their interests in terms of parallel importation. Our Parallel Import Law experts know the boundaries of parallel importation law in New Zealand and understand your rights as an importer, rights owner or licensee.

We provide advice to importers and potential importers of parallel. We recently pdf an event at the firm where we discussed legal issues concerning parallel imports in the pdf industry, so a recent decision by the U.S. Court of International Trade discussing “Lever Rule” protection caught my attention.

To those who do not traffic in the world of parallel imports, the Lever Rule is a tool available to trademark. Trade mark holders may need to reassess their commercial and international marketing strategies as the proposed amendments to the parallel importation provisions of the Trade Marks.

On 2nd May ebook, Beijing High Court stated in () Ebook judgment that the legality of parallel importing should be decided according to current PRC laws and rules which, including the Trademark law, contained no provision that definitely prohibited the parallel importing, so SH&ZY Company did not violate the Chinese Trademark.