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USPTO: Non-Physical Differences can be Material in Gray Market Cases

Mon, 17 Oct 2005 13:42:00 EST

"Following up on its ruling in Gamut, the U.S. Court of Appeals for the Federal Circuit clarified that 'material differences' that are a predicate to a gray market trademark infringement case do not need to be physical. However, the trademark owner must establish that "all or substantially all" of its goods meet the claimed material differences to prevail."

"Following up on its ruling in Gamut, the U.S. Court of Appeals for the Federal Circuit clarified that "material differences" that are a predicate to a gray market trademark infringement case do not need to be physical. However, the trademark owner must establish that "all or substantially all" of its goods meet the claimed material differences to prevail."

Read more at Mondaq.com

Article by Sarah Brown

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