Global Trademark Resources Print Page Page Image Current IssueArticle ArchiveTMR Search July-August, 2010 Vol. 100 No. 4 Back to TMR Main Page Cool Water Runs Deep: Davidoff v. CVS--Unique Production Codes Keep Products Off Gray Market By Karen H. Bromberg and Ellen Paltiel This article explains the significance of Davidoff v. CVS and its effect on trademark holders, distributors, retailers, and consumers. Section II presents a brief summary of relevant graygoods history and principles. Section III provides an overview of the procedural posture, facts, and holding of Davidoff v. CVS. Sections IV and V discuss the quality-control and materialdifference grounds for trademark infringement, respectively. Section VI explores the role of “consumer confusion” in qualitycontrol cases. Section VII provides an overview of some of the likely effects of the Davidoff v. CVS decision. Finally, Section VIII presents a practical guide for trademark owners wishing to avail themselves of the new protection that Davidoff v. CVS provides. The Trademark Reporter is available to INTA members only. Please use the Member Login at the top of this screen to access the full article.