Mar 2011 – GreyMkt Import

As barriers to participation in international transactions have fallen in the internet age, parallel imports – or “gray market” goods – have become increasingly common.   Corporations have taken note, and implemented various strategies to prevent this market from impacting sales.  To understand which imports are permissible and which infringe upon a corporation’s rights requires an understanding of the parameters of various intellectual property laws, as well as the first sale doctrines relating thereto.  The International Intellectual Property Society (“IIPS”) is very pleased that Scott M. Smedresman, Esq. will present “Gray Goods and First Sale” on Tuesday, March 8th, 2011, from 6:00 p.m. to 8:00 p.m. at the offices of Wilson Elser Moskowitz Edelman & Dicker LLP, 150 East 42nd Street (b/w 3rd and Lex) in NYC.  Refreshments will be served.



Scott’s presentation will address U.S. intellectual property rights in relation to these goods.   The presentation will focus on the definition of gray market goods, and how they are treated by various intellectual property laws. The discussion will include the contours of what constitutes a permissible and impermissible sale, and how the first sale doctrine impacts this analysis.  Recent case law will be reviewed, including the Supreme Court’s decision in Costco v. Omega. Additionally, enforcement options will be discussed where imported and sold product crosses the line from permissible sales to infringing goods.


Scott M. Smedresman’s practice focuses on intellectual property litigation and counseling. Mr. Smedresman has represented both public and private entities in a diverse array of intellectual property matters, including, litigation relating to gray and counterfeit goods, international domain names, and all manner of trademark, patent and copyright infringement. Additionally, Mr. Smedresman counsels companies regarding intellectual property and technology matters, and is the author of numerous articles in this area, including Internet Risk Management (Intellectual Property & Technology Law Journal, Vol 20, No. 11, Nov. 2008) and Attorney Web Sites, Ethical Issues are Only the Beginning (New York State Bar Association Journal, Vol. 81, No. 5, June 2009 (cover story)). Mr. Smedresman attended Fordham Law School, and is admitted to practice in New York and New Jersey.


The fee for non-members is $20.  Admission for law school students is $10.  The nominal $60 annual membership dues fee may be enclosed with the membership application.  Membership entitles you to attend other regular meetings during the September 2010 – June 2011 year at no charge.  If you would like to reserve your space and/or pay at the door, or if you have any questions about this program, please email


As with IIPS programs in general, NY and NJ CLE credit will be offered.  This seminar will provide 2 transitional /non-transitional (Skills) CLE Credits.  Mail the Membership Form with annual dues, or meeting payment by March 3, 2011, to Harris Wolin at Myers Wolin, LLC, 100 Headquarters Plaza, Morristown, NJ 07960, or pay by credit card through our home page.


We look forward to seeing you in January and at other upcoming events and, as in the past, invite comments and suggestions for programs that might be of interest to you.



Katherine S. Brown

IIPS President

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