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Hastings Communications and Entertainment Law Journal

Abstract

Significant harms attend both the unrestrained influx of parallel imports and their blanket exclusion. In light of the recent United States

Supreme Court decision in K Mart Corp v. Cartier, Inc., the author examines the causes, symptoms and competing interests of consumers, manufacturers, domestic trademark owners and gray market importers. This Note considers the contemporary legislative, Judicial and executive approaches toward balancing these interests. The author suggests a solution to capture the benefits of parallel imports while effectively eliminating the dangers by means which fairly allocate the policy burdens on those who enjoy the benefits.

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