Gray Markets

Gray Markets : Prevention, Detection and Litigation

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Description

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.show more

Product details

  • Hardback | 358 pages
  • 152.4 x 231.14 x 20.32mm | 521.63g
  • Oxford University Press Inc
  • New York, United States
  • English
  • 0195371291
  • 9780195371291

Review quote

"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 issuesEL 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 2011show more

Table of contents

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 WORLDshow more

About David Sugden

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.show more

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