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Murkier than the black market, the “gray market” involves the sale of lower-priced foreign versions of goods imported to the U.S. Our June issue took a look at this phenomenon and a recent Supreme Court decision—Kirtsaeng v. John Wiley & Sons—that makes it more difficult for companies to defend against this practice.
In this case, Supap Kirtsaeng got family and friends in his native Thailand to hook him up with Wiley textbooks that were sold cheaper in Thailand than in the U.S., which he then resold for a profit in the U.S. Wiley sued Kirtsaeng for copyright infringement. On the following pages, we answer major questions in-house counsel should consider about the decision and its implications.