LaFrance on Trademark Infringement for Removal of Product Codes from Packaging

Document Type

Response or Comment

Publication Date



In Zino Davidoff, the Second Circuit held that gray market goods are materially different, and thus, infringing under the Lanham Act, when the packaging has been altered. These holdings mark a significant broadening of the concept of material differences, strengthening the rights of trademark owners to prevent their products from being sold outside of their authorized U.S. distribution networks. Mary LaFrance discusses this important ruling.

Publication Citation

2009 Emerging Issues 4502.

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