Supreme Court Issues Significant Decision Regarding Importation ...

goods from being imported and sold in the U.S. in direct competition with the goods authorized for sale inthe United States.The threshold for a "material difference" under U.S. trademark laws is fairly low and can include differencesin the composition or ingredients of the product; differences in the language of the labels, stickers, orowner's manuals; differences in the availability of warranty coverage; and any other differences that wouldbe material to a U.S. customer.The other option is for copyright holders to price their goods in other countries close to what they would sellfor in the United States, in order to remove the incentive for grey market importers to import and re-sell theproducts in the United States. Some observers have already expressed concerns that by making it moredifficult for companies to prevent the importation of grey market goods, the decision could force thesecompanies to raise prices for creative works in other countries, thereby reducing the availability of textbooksand similar products in these countries (particularly in the developing world).© 2013 Buchanan Ingersoll & Rooney PC