Archived posting to the Leica Users Group, 1998/03/15

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Subject: [Leica] Gray Market vs US Import?? Leicas and Jeans.
From: "Frank Filippone" <red735i@worldnet.att.net>
Date: Sun, 15 Mar 1998 07:17:49 -0800

I was reading the LA Times the other day.....
The Supreme Court has passed a ruling on the legality of Grey Market
Imports.   I am no lawyer, but my interpertation is that the right to
trademark protection is limited to the first sale of a product.  ie, you
must buy a legally made garment from the legal owner of a trademark.  After
this first sale, there is NO trademark protection for importation to
subsequent trademark owners..... let me explain....

The old trademark law gave the trademark owner the EXCLUSIVE right to
import goods. The official importer would have other cameras defaced to
remove the trademark or simply have US Customs pick up the merchandise and
destroy it.  This has now legally been overthrown.

The effect of this ruling is that there will be more grey market stuff
available..... more freely.

The reaction to this from the official importers is already heard on the
Nikon (List)  front.... Nikon USA refuses to repair (in warranty or out of
warrant ,,, it maks no difference) a camera that was not bought in the USA
or to which you do not have a purchase receipt from a foreign country, even
if you are willing to pay the repair charges..... 

so what do you do with a second hand camera?  

This will be an interesting policy to follow, as we have had several
discussions on Leica repair policies and warranties.

Any comments from our LUG Lawyers?

Thank You
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Frank Filippone
red735i@worldnet.att.net