This Article examines the history of the gray market in the United States through an analysis of both the domestic legislative framework and judicial treatment of gray market goods, primarily under trademark and copyright law. Part I of this Article provides a general introduction into the structural factors that cause parallel importation. Part II begins a discussion of trademarked goods by looking at the purposes of trademark law. Part III starts by discussing the relevant doctrines and provisions of the Copyright Act of 1976, which frame the gray market discussion. Part III concludes by examining the current debate and the unanswered question in Quality King Distributors. Finally, Part IV concludes by examining possibly the last viable means to exclude gray market goods from the United States: a tort action for intentional interference with performance of a contract by a third person.
Joseph Karl Grant, The Graying of the American Manufacturing Economy: Gray Markets, Parallel Importation, and a Tort Law Approach, 88 Or. L. Rev. 1139 (2009)