Legal Opinion
Sebastian International, Inc. v. Consumer Contact (PTY) Ltd.
District Court, D. New Jersey
Decided June 30, 1987No. Civ. A. 87-1995PublishedCited by 12 opinions
1Opinion of the Court
BARRY, District Judge.
Gray market goods are authorized authentic imports which are available in this country outside of their normal channels of distribution. Sometimes called “parallel imports”, gray market goods are almost always sold for less in the United States than products sold through authorized channels. 1 Traditionally, American businesses have sought to prevent the entry of gray market goods under both contract and trademark theories. 2 Under either theory, however, the result is unpredictable and, thus, unreliable.
Under a contract theory, courts require that a plaintiff establish…
2Cases cited31 opinions
- Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
- Ecri, a Nonprofit Pennsylvania Corporation v. McGraw Inc., McGraw Information Systems Co., and McGraw Book Co.Court of Appeals for the Third Circuit · 1987
- Bleistein v. Donaldson Lithographing Co.Supreme Court of the United States · 1903
- Cunard Steamship Co. v. MellonSupreme Court of the United States · 1923
- Apple Computer, Inc., a California Corporation v. Franklin Computer Corporation, a Pennsylvania CorporationCourt of Appeals for the Third Circuit · 1983
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3Cited by12 opinions
- Lakedreams, a Texas Partnership v. Steve Taylor, D/B/A California T'sCourt of Appeals for the Fifth Circuit · 1991
- Cosmetic Ideas, Inc. v. IAC/INTERACTIVECORPCourt of Appeals for the Ninth Circuit · 2010
- Summit Technology, Inc. v. High-Line Medical Instruments Co.District Court, C.D. California · 1996
- International Kitchen Exhaust Cleaning Ass'n v. Power Washers of North AmericaDistrict Court, District of Columbia · 2000
- X-IT Products, L.L.C. v. Walter Kidde Portable Equipment, Inc.District Court, E.D. Virginia · 2001
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