3 Lessons From 'Exceptional' Hyundai Gray Market TM Case

Law360 (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....

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