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WaltGrace1983
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Passage Discussion

by WaltGrace1983 Thu Jul 03, 2014 4:40 pm

This, to me, was an especially odd passage because the first two paragraphs were not particularly meaningful. They were basically devoid of any opinion and simply served as a setup for the "meat" of the passage: why trademark owners are against gray marketing (paragraph 3) and the current debates arising over different theories of trademark law (paragraph 4).

    Paragraph 1: Introduction to "Gray Marketing:" Gray Marketing within a market region
      - Occurs when an authorized-distributor sells stuff to a non-authorized-distributor
      - They do this for the discounts


    Paragraph 2: Introduction to "Gray Marketing:" Gray Marketing outside a market region
      - Occurs when an authorized-distributor sells stuff to a non-authroized distributor in another country


So as I said, if someone can show me why this stuff is truly important (other than to serve as background information) I would be glad to hear it. No opinions, no controversies, no nothing here! Just some introduction to the subject (a long one I'll add)

    Paragraph 3: Argument Against Gray-Marketing
      - The word "justifiably" is super important (line 26). This shows us that the author thinks something. She thinks that we should argue against gray marketing! Why? Because they (1) jeopardize goodwill of trademark owners; (2) authorized distributors will cease to prompt products


Right here I should have paid special attention to this short list. I only notated the author's opinion ("justifiably") but I totally did not fully understand why. This was a stupid error on my part and I am going to try to not do this next time! It could have saved me crucial seconds when answering the questions as I would have known where to look much easier.

    Paragraph 4: Theories of Trademark Law
      - They have been "variously" and "confusingly" applied (author's opinion, anyone?)
        (1) Universality
        (2) Exhaustion
        (3) Territoriality***: The author really likes this theory, as shown by the main point of the passage. "...only territoriality theory affords trademark owners any real legal protection...it is inevitable as well as desirable that it will come to be consistently applied."