This Note argues that the importance of trademark laws to the resolution of the grey goods controversy is outweighed by the overriding public policy considerations of international free trade. Part I discusses the background of the grey goods controversy by examining the history of the controlling statutory and case law and the recent grey goods cases. Part II demonstrates that trademark owners are not significantly injured by the availability of grey goods, but actually gain windfall profits if there is an absolute bar on grey goods. Part III argues that preventing importation of grey goods injures international free trade. This Note concludes that grey marketing is a natural and healthy economic consequence of restrictions on international free trade and should not be discouraged.
Richard A. Fogel,
Grey Market Goods and Modern International Commerce: A Question of Free Trade,
10 Fordham Int'l L.J. 308
Available at: http://ir.lawnet.fordham.edu/ilj/vol10/iss2/6