Oregon Law Review : Vol. 88 No. 4, p.1139-1188 : The Graying of the American Manufacturing Economy: Gray Markets, Parallel Importation, and a Tort Law Approach
Grant, Joseph Karl
This Article examines the gray market or parallel importation as it impacts American manufacturers from three discrete legal perspectives: (1)trademark law, (2) customs law, and (3) copyright law. Further, this Article explores in depth the case law in the United States that has framed the gray market discussion. This Article concludes by recommending that American manufacturers turn to tort law as a solution to their gray market issues. Specifically, this Article advocates for the use of the tort of intentional interference with performance of contract by a third person as a means to combat the problem of gray market or parallel importation of goods.