Abstract:
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.