Utilizing The ITC To Combat 'Gray Market' IP Infringement

Mark Whitaker, Maggie Dowling and Gregory Schwartz wrote an article for Law360 entitled "Utilizing the ITC To Combat 'Gray Market' IP Infringement" about the increasing threat posed by gray market goods—authentic products intended for foreign markets but imported into the U.S. without the trademark owner's consent—and the challenges they present for trademark enforcement. The authors discuss how technological advancements, particularly artificial intelligence, have both amplified gray market activity and improved detection capabilities, necessitating swift legal remedies. They highlight the U.S. International Trade Commission (ITC) as a powerful and efficient forum for trademark owners seeking to block unauthorized imports, outlining the legal requirements and advantages of Section 337 investigations, including expedited proceedings and broad exclusion orders. The article concludes that, while the ITC does not offer monetary damages, its procedural strengths and exclusionary authority make it an increasingly valuable option for combating gray market infringement in a rapidly evolving marketplace.

Read the full article.