Grey market Abbott goods deemed infringing

United States of America

The US Court of Appeals for the Second Circuit has affirmed the District Court for the Eastern District of New York’s grant of a preliminary injunction to cease the sale of international versions of Abbott Laboratories’ diabetes test strips in the United States, on the grounds that differences between the two strips made it likely that Abbott’s reputation and goodwill would be irreparably harmed. The decision marks a victory for grey market enforcement.

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