Synopsis
In Gray Markets: Prevention, Detection and Litigation, David R. Sugden provides the first comprehensive legal analysis of the unauthorized economy known as the "gray market" and offers a blueprint for attorneys and businesses to prevent, detect, and litigate gray market cases. After introducing readers to a variety of strategies to prevent a brand owner's products from finding their way into unauthorized distribution channels, Sugden covers educational and contractual methods that communicate the importance of gray market abstinence, along with on-site security and modern tracking technologies, the use of private investigators, and even "dumpster dives, " while also examining the legal boundaries of gray market investigations. This edition has been updated to include new sections on restrictions that employers can place on departing employees, irreparable harm, copyright, and trademark law, and the U.S. Supreme Court's examination of whether the first-sale doctrine applies to goods manufactured overseas.
Features
• A must-have, strategic guide for practitioners to detect and prevent gray market activity, as well as learn effective judicial remedies, legal theories and defenses in both criminal and civil proceedings
• The first comprehensive analysis of the business and law of the gray market
• Written by a prominent litigator who has won multi-million dollar settlements in gray market cases, including a $10 million judgment for Nortel
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Review
"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 2011
About the Author
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.
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