Sections 32, 43(A), and 42 of the Lanham Act and Section 526 of the Tariff Act
No man is above the law and no man is below it; nor do we ask any man’s permission when we ask him to obey it.
—Theodore Roosevelt
Introduction
Grey market goods that materially differ from the branded goods authorized for sale in the United States by the rights holder may not be sold in the United States if they violate Section 32, Section 42, or Section 43 of the Lanham Act.1 Conversely, grey market goods may be lawfully sold in the United States by unauthorized resellers if they are identical to the branded products sold in the United States by rights holders or their authorized distributors. Some rights holders attempted to halt ...
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