Gray Days Ahead?: The Impact of Quality King Distributors, Inc. v. L'Anza Research International, Inc.

Abstract

A major problem facing United States manufacturers engaged in international trade is the development of a "gray market" in their products. Part II of this Comment discusses the roots of the gray market, focusing on its economic drivers and its purported costs and benefits. Part III examines the development of copyright law protection in regards to the gray market and the case law interpreting the applicable sections of the 1976 Copyright Act. Part IV discusses the lower court decisions attending to the case. Part V analyzes the Supreme Court's decision. Part VI assesses the impact of the case for future litigation and the implications of the Court's Quality King decision for multinational businesses. Part VII concludes that the Quality King decision is likely to limit multinational businesses' use of copyright law and that self-help strategies, discussed in Part V, provide the best current course of action absent legislative changes.