Holland & Hart trademark partner Hope Hamilton contributed to Managing Intellectual Property’s article titled “Lawyers Say Clear Labelling Can Make Difference For Grey Market Goods,” published online February 7, 2020.
While the grey market can create complications for brand licensees and other companies, arguing that products are materially different can help companies avoid it, according to private practice and inhouse lawyers.
Hope Hamilton, a Colorado-based partner at Holland & Hart, agrees that determining liability will depend on the facts of the case.
“It comes from starting to look at distribution agreements, the licence agreements, the actual obligations of the parties and then understanding how the product got into the marketplace,” she says.
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