2013 October No.70 – Intellectual Property Rights


A gray market good is a:

A. good bearing a spurious mark that is identical to, or substantially indistinguishable from a good that bears a recorded mark.

B. foreign produced article that has been imported into the U.S. without paying the appropriate duty.

C. good bearing a mark that resembles a recorded mark and is likely to cause the public to associate the copying mark with the genuine mark.

D. foreign produced article that bears a genuine mark identical with or substantially indistinguishable from a mark owned and recorded by a U.S. citizen or U.S. corporation, and is imported without the authorization of the U.S. owner.

E. good bearing a mark that is registered with the U.S. Patent and Trademark Office, but is not recorded with CBP

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The Answer is: D

Citation: 19 CFR 133.23(a)

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