Details
- 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
- Parallel Imports: The Law and Business of the Gray Market is written by a legal expert in the fields of Intellectual Property and Brand Integrity: Mr. Sugden has argued favorable verdicts, winning multi-million dollar settlements in gray market cases, including a recent $10 million judgment for Nortel.
It's often said that the 21st century is characterized by a flat world in which globalization, technology, and the Internet have each contributed to level the economic playing field. But for companies that manufacture and sell their products internationally, the world is not exactly flat -- it is tilted. From cars to cigarettes to pianos to pharmaceuticals, products that were manufactured to be sold in other countries are finding their way back to the United States where they are sold through unauthorized and illegal channels. This unauthorized economy - the "gray market" - is growing in size and scope at an alarming rate: information technology manufacturers alone have estimated losses at $40 billion in annual sales. In Gray Markets: Prevention, Detection, and Litigation, David Sugden 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.
In Gray Markets, Sugden introduces readers to a variety of strategies to prevent a brand owner's products from finding their way into unauthorized distribution channels. From educational and contractual methods that communicate the importance of gray market abstinence, to on-site security and modern tracking technologies, and to the use of private investigators and even "dumpster dives," the book offers specific methods to prevent supply chain leakage, while also examining the legal boundaries of gray market investigations.
Readership: US-based attorneys involved in IP, counterfeiting and enforcement, at firms and in-house; US law schools
THE GRAY MARKET
Shades of Gray: The Spectrum of Parallel Imports
From iPhones to Viagra: The Affected Industries
Gray Market 2.0: From Flea Markets to eBay
The Rippling Effect: Gray Market Consequences
PREVENTION: REDUCING THE GRAY MARKET POTENTIAL
Education: Promoting Gray Market Abstinence
Troubleshooting Supply Chain Vulnerabilities
Alternative Gray Market Strategies
DETECTION: MONITORING THE SUPPLY CHAIN
Red Flags: The Warning Signs of Gray Market Activity
Methods of Detection
REACTION: LEGAL STRATEGIES AFTER GRAY MARKET DISCOVERY
Initial Considerations
Preliminary Remedies
Civil Discovery
Theories of Liability: Breach of Contract
Theories of Liability: Intentional Interference with Contract
Theories of Liability: Intentional Interference with Prospective Economic Advantage
Theories of Liability: Copyright
Theories of Liability: Trademark
Theories of Liability: Patent
Theories of Liability: Unfair Competition
Theories of Liability: Around the World
David R. Sugden is a partner at Call, Jensen & Ferrell, where he specializes in intellectual property, trade secret, copyright, technology, business torts, and brand protection. In addition to serving as lead counsel in any number of legal enforcement actions, he has successfully executed numerous surprise search and seizures in which he, with the assistance and protection of law enforcement, has entered the premises of defendants suspected of piracy, black market or illegal gray-market activity.
"Sugden's book is one of the only books on this topic, and its comprehensiveness makes it an attractive purchase for both academic and law firm libraries. I would especially recommend this book to any firm that deals with matters such as trademark and copyright issues... the book would make an excellent addition to any law firm, particularly one that works with trademark and copyright issues. The book is comprehensive, but brief enough to function as a guide for practitioners. The book would also make a good addition to an academic law library, primarily for his advancement of different theories in Part IV." Ryan Harrington, Reference Librarian, Yale Law School
"Gray Markets: Prevention, Detection and Litigation is likely the most comprehensive treatment of the issues surrounding gray markets to-date. It is a 'must read' for anyone involved in brand and supply chain management -- business people and lawyers alike."
--Susan Brushaber, Sole Practitioner
The Colorado Lawyer, August 2011
