Can the “Formidable Shield” Last: A Re-examination of Copyright Law as a Means to Control Uncopyrighted Gray Market Goods

Ya Xia

Abstract

To fight against gray market goods, the trademark law leaves certain trademark owners uncovered, who then turn to copyright law for help. It is lawful in the U.S. for copyright owners to stop importation and distribution of uncopyrighted goods through attaching copyrighted accessories. Such practices have been rendered unlawful in Australia and denounced by the Supreme Court of Canada. The paper aims to discuss the illegitimacy under the U.S. law through both the statutory interpretation approach and the copyright misuse approach.