In the Matter of Certain Cigarettes and Packaging Thereof

'Gray Markets' and Trademark Protection

NCLC's Position

The U.S. Chamber urged the U.S. International Trade Commission to uphold the administrative law judge's determination that a third party infringed Philip Morris' trademark by diverting cigarettes intended for sale in foreign markets back into the U.S. The Chamber warned that the failure to crack down trade in so-called "gray market goods" damages the overall value of U.S. trademarks, and undermines the goodwill of American manufacturers.

Case Outcome

The U.S. International Trade Commission upheld the administrative law judge's determination.

Procedural History

Comments filed 5/8/09. Decided 9/29/09.

Case Documents