Industry Eye: Shop Talk - Legal Matters, Letter to the Editor
No UPC Could Lead to Trademark Infringement
By
George S. Isaacson
and Neil Rubin
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CVS argued that ones with UPCs removed were gray market goods — i.e., genuine "Cool Water" goods sold by Davidoff through authorized channels in other countries and subsequently imported into the U.S. Because these goods were sold in their original packaging with the Davidoff trademarks, CVS contended that the removal of the codes didn't constitute trademark infringement.
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George S. Isaacson
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