Gray Markets: Prevention, Detection and Litigation

It's often said that the 21st century is characterized by a flat world in which globalization, technology, and the Internet have each contributed to level the economic playing field. But for companies that manufacture and sell their products internationally, the world is not exactly flat -- it is tilted. From cars to cigarettes to pianos to pharmaceuticals, products that were manufactured to be sold in other countries are finding their way back to the United States where they are sold through unauthorized and illegal channels. This unauthorized economy - the "gray market" - is growing in size and scope at an alarming rate: information technology manufacturers alone have estimated losses at $40 billion in annual sales. In Gray Markets: Prevention, Detection, and Litigation, David Sugden provides the first comprehensive analysis of the gray market as well as a blueprint for attorneys and businesses to prevent, detect, and litigate gray market cases. In Gray Markets, Sugden introduces readers to a variety of strategies to prevent a brand owner's products from finding their way into unauthorized distribution channels. From educational and contractual methods that communicate the importance of gray market abstinence, to on-site security and modern tracking technologies, and to the use of private investigators and even "dumpster dives," the book offers specific methods to prevent supply chain leakage, while also examining the legal boundaries of gray market investigations.

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.