In the recent case of Gamut Trading Co. v. U.S. International Trade Commission, the Circuit Court of Appeals for the Federal Circuit expanded the trademark protection available under the Tariff Act of 1930. Specifically, the court held that the importation and subsequent resale of goods bearing legally affixed trademarks can infringe the same trademark in the United States, despite the fact that the imported goods are second-hand goods. While the Federal Circuit classifies this case as a gray market case, the fact that this case involved the importation of second-hand goods makes it distinguishable from gray market case law. Additionally, the fact that all the goods subject to this dispute were effectively controlled by the same entity should have precluded a finding of trademark infringement. This case note addresses both of these points.
Sean A. Barry,
Gamut Trading Co. v. U.S. International Trade Commission: Expanding the Gamut of Trademark Protection,
San Diego Int'l L.J.
Available at: https://digital.sandiego.edu/ilj/vol2/iss1/7