GAINING EXPERIENCE FROMA CASE ANALYSIS OF THE PARALLEL IMPORTATION OF TRADEMARK GOODS IN THE UNITED STATES

The import of gray-market goods (also called parallel importation) has raised serious discussion about whether this type of behavior should be allowed and under what type of situations exceptions to the general rule should exist. Three parties are involved in the scenario of parallel importation: the consumer, the importer, and the domestic trademark rights owner. The benefits of allowing parallel importation are to encourage international business transactions and reduce the domestic market price. The drawbacks of allowing parallel importation are the potential of increasing unfair competition to the domestic trademark owner and also the potential confusion for the domestic consumer. Through the legal experience of the United States in solving parallel importation disputes, this study investigates the policy patterns of how to strike a balance for preserving the legal interests of the consumer, the importer, and the domestic trademark rights owner. By reviewing the experience of the United States, this study adds to the discussion on the Revised Trademark Act recently taking force in Taiwan.