Gray Market & Counterfeit Goods

Counterfeit and gray market goods are a growing problem for many companies in the United States. Gray market goods are products that bear one or more U.S. trademarks that are being sold in the United States without the consent of the manufacturer or brand owner. This practice, which often also involves the sale of counterfeit goods, can cause confusion for customers – leading to lost profits and harm to the brand.

Our team has proven time and again that companies can achieve success in combating counterfeit and gray market goods both before the International Trade Commission and in federal district courts. We assist in protecting trademarks, copyrights, and patents from unauthorized use, counterfeiting, and infringement within the gray market. Some of the results obtained for our clients include ex parte seizure orders, temporary restraining orders, general exclusion orders, monetary damages, and preliminary and permanent injunctive relief. 

Let our team address your gray market issues to ensure your business can protect its valuable intellectual property rights and successfully navigate the legal landscape surrounding gray market and counterfeit activities.

• Won a case-dispositive summary judgment motion, asserting gray market trademark infringement and false advertising against a large gray market infringer and reseller of automation equipment in the United States. 
• Asserted trademarks on behalf of an industrial automation company against gray market importers of industrial/factory control technology at the International Trade Commission. Through our representation, the client received a general exclusion order (GEO) to protect against all existing and future gray market importers.
• Counseled a major pharmaceutical/beverage company on an overall gray market strategy, while also working with U.S. Customs and Border Protection and the FDA to limit future infringement and unauthorized importations. 
• Obtained a temporary restraining order and ex parte seizure order in Texas authorizing the confiscation of truckloads of infringing products from numerous locations in coordinated raids conducted with the assistance of private investigators and U.S. marshals.
• Obtained a jury verdict for a well-known industrial automation company against gray market and counterfeit importers of industrial/factory control technology in the District of Delaware. The jury found that the defendant’s infringement was willful and awarded the defendant’s profits, actual damages, statutory damages, and punitive damages.