The Trademark Reporter®
Global Trademark Resources

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
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.
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