www.intelproplaw.com | www.intelproplaw.com |
|
Re: Re: Re: Grey Imports[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by Mike Moore on June 23, 2003 at 07:55:17: In Reply to: Re: Re: Grey Imports posted by M. ARTHUR AUSLANDER on June 13, 2003 at 05:56:46: Here is a reply I received from a UK Lawyer on this subject. It appears that the UK lawyer is going to get my business. It's a shame I could not get such a concise reply from a US lawyer on a US forum. Dear Mr Moore 2. There are several areas where the Manufacturer's rights may be being infringed and the law being violated. In sum, these are as follows: (a) Assuming it is correct that the European manufacturer has patents in the US, then any unauthorised importation and use of the patented product by the Company in the US would be a patent infringement. (b) If the European manufacturer has trademarks registered in the US, the Company may be infringing those trademarks. This issue will turn on such factors as whether or not the item is visible and how the kit is being actually being marketed. (c) The US has strong laws on unfair competition, which covers a multitude of offences and even if the trademarks are not registered in the US, the Company may be committing the tort of passing off or another act of unfair competition in that it is arguably holding itself out as the producer of the patented product. As it appears that the Company may be somewhat exposed at the present time, please let me know if you require further substantive advice to protect its position.
|
www.intelproplaw.com |
The Intellectual Property Law Server Old Trademark Forum |
www.intelproplaw.com |