Venable Co-Managing Partner Lindsay Meyer
was quoted in a May 2, 2012 Law360
article on a new U.S. Customs and Border Protection rule intended to combat counterfeit goods that may negatively impact the gray market. Under the new rule, Customs agents can share information with intellectual property owners as part of investigations into counterfeit goods. Gray market goods are legal products designated for sale in foreign countries that are imported to the U.S. and sold here at a discount. The new Customs rule does not provide guidance on how agents should handle gray market goods.
Commenting on the new rule and its potential impact on the gray market, Meyer said, “With more information being shared, there is a risk that it may affect companies in the gray market industry…It's sort of a balancing act and the rule is certainly balanced in favor of addressing counterfeits, but that may come at a cost to the gray market industry.”