Synopsis
In Gray Markets: Prevention, Detection and Litigation, 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. This edition has been updated to include new sections on restrictions that employers can place on departing employees, irreparable harm, copyright, and trademark law, and the U.S. Supreme Court's examination of whether the first-sale doctrine applies to goods manufactured overseas.
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
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