Editor
Stopping the Sale of Gray Market Medical Devices
Mark Schonfeld, Burns & Levinson LLP
In 2016, the US Court of Appeals for the Second Circuit approved an injunction against about 200 importers and sellers preventing them from importing and selling gray market blood-glucose test strips. The case was brought by Abbott Laboratories because the gray market sellers had distributed international versions of Abbott’s blood-glucose test strips that were not intended for sale in the United States. This case is a recent illustration of the rule that manufacturers of medical devices can stop the unauthorized importation and sale of their products by using trademark law.
DEFINING GRAY-MARKET GOODS
Gray goods are genuine goods that the manufacturer sells abroad but are then imported into the United States without the manufacturer’s permission. The goods are often sold on the internet or by unauthorized wholesalers, sometimes at prices below the manufacturer’s prices in the United States.
NEWSLETTER ARCHIVE
Volume 49, Issue 4
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