3 Lessons From 'Exceptional' Hyundai Gray Market TM Case

By Pauline Tseng (May 13, 2020, 6:31 PM EDT) -- Outside of intellectual property practitioners, most lawyers and the public may find a discussion of gray market cases to be, well, a bit gray — essentially breach of contract, with a bit of fraud and international intrigue, but fairly tame on the facts.

When the facts of a gray market case involve spoof calls, kickbacks and claims that a party "boils puppies in oil," however, the case can become exceptional under the Lanham Act (and to the reader) and result in an award of attorney fees seven times greater than judgment. Such was the case in Hyundai Motor America Inc. v....

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!