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Gray marketing, the selling of trademarked products through channels o

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Gray marketing, the selling of trademarked products through channels o  [#permalink]

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New post Updated on: 28 Sep 2019, 03:57
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New Project RC Butler 2019 - Practice 2 RC Passages Everyday
Passage # 125, Date : 04-APR-2019
This post is a part of New Project RC Butler 2019. Click here for Details


Gray marketing, the selling of trademarked products through channels of distribution not authorized by the trademark holder, can involve distribution of goods either within a market region or across market boundaries. Gray marketing within a market region (“channel flow diversion”) occurs when manufacturer-authorized distributors sell trademarked goods to unauthorized distributors who then sell the goods to consumers within the same region. For example, quantity discounts from manufacturers may motivate authorized dealers to enter the gray market because they can purchase larger quantities of a product than they themselves intend to stock if they can sell the extra units through gray marketing channels.

When gray marketing occurs across market boundaries, it is typically in an international setting and may be called “parallel importing.” Manufacturers often produce and sell products in more than one country and establish a network of authorized dealers in each country. Parallel importing occurs when trademarked goods intended for one country are diverted from proper channels (channel flow diversion) and then exported to unauthorized distributors in another country.

Trademark owners justifiably argue against gray marketing practices since such practices clearly jeopardize the goodwill established by trademark owners: consumers who purchase trademarked goods in the gray market do not get the same “extended product,” which typically includes pre- and postsale service. Equally important, authorized distributors may cease to promote the product if it becomes available for much lower prices through unauthorized channels.

Current debate over regulation of gray marketing focuses on three disparate theories in trademark law that have been variously and confusingly applied to parallel importation cases: universality, exhaustion, and territoriality. The theory of universality holds that a trademark is only an indication of the source or origin of the product. This theory does not recognize the goodwill functions of a trademark. When the courts apply this theory, gray marketing practices are allowed to continue because the origin of the product remains the same regardless of the specific route of the product through the channel of distribution. The exhaustion theory holds that a trademark owner relinquishes all rights once a product has been sold. When this theory is applied, gray marketing practices are allowed to continue because the trademark owners’ rights cease as soon as their products are sold to a distributor. The theory of territoriality holds that a trademark is effective in the country in which it is registered. Under the theory of territoriality, trademark owners can stop gray marketing practices in the registering countries on products bearing their trademarks. Since only the territoriality theory affords trademark owners any real legal protection against gray marketing practices, I believe it is inevitable as well as desirable that it will come to be consistently applied in gray marketing cases.
1. Which one of the following best expresses the main point of the passage?

(A) Gray marketing is unfair to trademark owners and should be legally controlled.
(B) Gray marketing is practiced in many different forms and places, and legislators should recognize the futility of trying to regulate it.
(C) The mechanisms used to control gray marketing across markets are different from those most effective in controlling gray marketing within markets.
(D) The three trademark law theories that have been applied in gray marketing cases lead to different case outcomes.
(E) Current theories used to interpret trademark laws have resulted in increased gray marketing activity.


2. The function of the passage as a whole is to

(A) criticize the motives and methods of those who practice gray marketing
(B) evaluate the effects of both channel flow diversion and parallel importation
(C) discuss the methods that have been used to regulate gray marketing and evaluate such methods’ degrees of success
(D) describe a controversial marketing practice and evaluate several legal views regarding it
(E) discuss situations in which certain marketing practices are common and analyze the economic factors responsible for their development


3. Which one of the following does the author offer as an argument against gray marketing?

(A) Manufacturers find it difficult to monitor the effectiveness of promotional efforts made on behalf of products that are gray marketed.
(B) Gray marketing can discourage product promotion by authorized distributors.
(C) Gray marketing forces manufacturers to accept the low profit margins that result from quantity discounting.
(D) Gray marketing discourages competition among unauthorized dealers.
(E) Quality standards in the manufacture of products likely to be gray marketed may decline.


4. The information in the passage suggests that proponents of the theory of territoriality would probably differ from proponents of the theory of exhaustion on which one of the following issues?

(A) the right of trademark owners to enforce, in countries in which the trademarks are registered, distribution agreements intended to restrict distribution to authorized channels
(B) the right of trademark owners to sell trademarked goods only to those distributors who agree to abide by distribution agreements
(C) the legality of channel flow diversion that occurs in a country other than the one in which a trademark is registered
(D) the significance consumers attach to a trademark
(E) the usefulness of trademarks as marketing tools


5. The author discusses the impact of gray marketing on goodwill in order to

(A) fault trademark owners for their unwillingness to offer a solution to a major consumer complaint against gray marketing
(B) indicate a way in which manufacturers sustain damage against which they ought to be protected
(C) highlight one way in which gray marketing across markets is more problematic than gray marketing within a market
(D) demonstrate that gray marketing does not always benefit the interests of unauthorized distributors
(E) argue that consumers are unwilling to accept a reduction in price in exchange for elimination of service


6. The author’s attitude toward the possibility that the courts will come to exercise consistent control over gray marketing practices can best be characterized as one of

(A) resigned tolerance
(B) utter dismay
(C) reasoned optimism
(D) unbridled fervor
(E) cynical indifference


7. It can be inferred from the passage that some channel flow diversion might be eliminated if

(A) profit margins on authorized distribution of goods were less than those on goods marketed through parallel importing
(B) manufacturers relieved authorized channels of all responsibility for product promotion
(C) manufacturers charged all authorized distributors the same unit price for products regardless of quantity purchased
(D) the postsale service policies of authorized channels were controlled by manufacturers
(E) manufacturers refused to provide the “extended product” to consumers who purchase goods in the gray market



  • Source: LSAT Official PrepTest 8 (June 1993)
  • Difficulty Level: 650

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Originally posted by SajjadAhmad on 04 Apr 2019, 09:31.
Last edited by SajjadAhmad on 28 Sep 2019, 03:57, edited 1 time in total.
Updated - Complete topic (718).
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Re: Gray marketing, the selling of trademarked products through channels o  [#permalink]

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New post 04 Apr 2019, 17:48
2
1. Which one of the following best expresses the main point of the passage?

(A) Gray marketing is unfair to trademark owners and should be legally controlled. - the 3 rd para summarizes the first part of the sentence and last line shows that it should be legally controlled.
(B) Gray marketing is practiced in many different forms and places, and legislators should recognize the futility of trying to regulate it. - Inconsistent. Nothing is discussed about the role of legislators
(C) The mechanisms used to control gray marketing across markets are different from those most effective in controlling gray marketing within markets. - out of scope
(D) The three trademark law theories that have been applied in gray marketing cases lead to different case outcomes. - Inconsistent. That is discussed in the last para but not the main point of the passage
(E) Current theories used to interpret trademark laws have resulted in increased gray marketing activity. - out of scope

2. The function of the passage as a whole is to

(A) criticize the motives and methods of those who practice gray marketing - out of scope
(B) evaluate the effects of both channel flow diversion and parallel importation - Inconsistent
(C) discuss the methods that have been used to regulate gray marketing and evaluate such methods’ degrees of success - out of scope
(D) describe a controversial marketing practice and evaluate several legal views regarding it- marketing practice is GM and legal views are 3 theories
(E) discuss situations in which certain marketing practices are common and analyze the economic factors responsible for their development - out of scope

3. Which one of the following does the author offer as an argument against gray marketing?

(A) Manufacturers find it difficult to monitor the effectiveness of promotional efforts made on behalf of products that are gray marketed.
- out of scope
(B) Gray marketing can discourage product promotion by authorized distributors. - If the promotion is less, then the authorized distribute will purchase less goods which will hamper the GM
(C) Gray marketing forces manufacturers to accept the low profit margins that result from quantity discounting. - out of scope
(D) Gray marketing discourages competition among unauthorized dealers. - opposite. If it decreases the competition, then the argument will go with the GM
(E) Quality standards in the manufacture of products likely to be gray marketed may decline. - out of scope

4. The information in the passage suggests that proponents of the theory of territoriality would probably differ from proponents of the theory of exhaustion on which one of the following issues?

(A) the right of trademark owners to enforce, in countries in which the trademarks are registered, distribution agreements intended to restrict distribution to authorized channels - the 3rd para explains the same
(B) the right of trademark owners to sell trademarked goods only to those distributors who agree to abide by distribution agreements - out of scope
(C) the legality of channel flow diversion that occurs in a country other than the one in which a trademark is registered - Inconsistent
(D) the significance consumers attach to a trademark - out of scope
(E) the usefulness of trademarks as marketing tools - out of scope

5. The author discusses the impact of gray marketing on goodwill in order to

(A) fault trademark owners for their unwillingness to offer a solution to a major consumer complaint against gray marketing - out of scope
(B) indicate a way in which manufacturers sustain damage against which they ought to be protected - 1st line of 3rd para says the same
(C) highlight one way in which gray marketing across markets is more problematic than gray marketing within a market - out of scope
(D) demonstrate that gray marketing does not always benefit the interests of unauthorized distributors - out of scope
(E) argue that consumers are unwilling to accept a reduction in price in exchange for elimination of service - the para is more concerned about the trademark owners

6. The author’s attitude toward the possibility that the courts will come to exercise consistent control over gray marketing practices can best be characterized as one of

(A) resigned tolerance - He is positive instead of tolerant
(B) utter dismay- opposite
(C) reasoned optimism - the last line said by the author showed optimism
(D) unbridled fervor - out of scope
(E) cynical indifference - out of scope

7. It can be inferred from the passage that some channel flow diversion might be eliminated if

(A) profit margins on authorized distribution of goods were less than those on goods marketed through parallel importing - opposite
(B) manufacturers relieved authorized channels of all responsibility for product promotion - out of scope
(C) manufacturers charged all authorized distributors the same unit price for products regardless of quantity purchased - the last line of the 1st para says the main base of the GM. If that is eliminated, then diversion can be eliminated
(D) the postsale service policies of authorized channels were controlled by manufacturers - that will jeopardize the goodwill - out of scope
(E) manufacturers refused to provide the “extended product” to consumers who purchase goods in the gray market - that will jeopardize the goodwill - out of scope
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New post 03 Jul 2019, 08:36
can you explain answer of question 4
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New post 03 Jul 2019, 10:26
Explanation


4. The information in the passage suggests that proponents of the theory of territoriality would probably differ from proponents of the theory of exhaustion on which one of the following issues?

Difficulty Level: 650

Explanation

Legal matters, the theories of territoriality and exhaustion should have pointed you to the last para. Lines 38-47 reveal that these two theories differ on the rights of manufacturers: According to the exhaustion theory, manufacturers have no legal right to regulate the way in which distributors sell products to the public, while the territoriality theory holds that manufacturers do have such a right in countries where they have registered their trademarks. That’s what (A) says in a slightly different way.

(B) is a bit more tricky. Once again, territoriality and exhaustion differ only on the issue of whether manufacturers have the right to exercise control over the way in which distributors sell products to the public; these theories are not concerned with the issue of manufacturer sales to distributors.

(C) is out because territoriality turns a blind eye to gray marketing practices in countries where manufacturers have not registered their trademarks. So, in these cases, it’s not different from exhaustion.

(D), (E) The theories in question have nothing whatsoever to do with either consumer preferences, choice (D), or the marketing value of trademarks, choice (E); territoriality and exhaustion deal exclusively with the rights of manufacturers. So the issues in these two choices are outside the scope.

Answer: A


Hope it helps

jotika86 wrote:
can you explain answer of question 4

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New post 24 Jul 2019, 02:03
2
P1: GM and a case in which authorized dealers are prone to enter it
P2: Parallel importing
P3: Drawbacks of GM for trademark owners
P4:Three theories and their impact on GM
MP: Discuss GM, its implications and theories that regulate it


1. Which one of the following best expresses the main point of the passage?

(A) Gray marketing is unfair to trademark owners and should be legally controlled. -it is broad enough to encompass all the passage
(B) Gray marketing is practiced in many different forms and places, and legislators should recognize the futility of trying to regulate it. -inconsistent because of the second part after the comma: legislator are not mentioned in this way
(C) The mechanisms used to control gray marketing across markets are different from those most effective in controlling gray marketing within markets. -no such comparison was made
(D) The three trademark law theories that have been applied in gray marketing cases lead to different case outcomes. - partial scope, last paragraph
(E) Current theories used to interpret trademark laws have resulted in increased gray marketing activity. -current theories are described only in the last paragraph

2. The function of the passage as a whole is to

(A) criticize the motives and methods of those who practice gray marketing -no critique
(B) evaluate the effects of both channel flow diversion and parallel importation - this is not broad enough
(C) discuss the methods that have been used to regulate gray marketing and evaluate such methods’ degrees of success -this could be related only to last paragrah
(D) describe a controversial marketing practice and evaluate several legal views regarding it - correct but I though it was inconsistent since nowhere it is mentioned that the practice is controversial....
(E) discuss situations in which certain marketing practices are common and analyze the economic factors responsible for their development -i thought this one was the closest actually, any help on this?




3. Which one of the following does the author offer as an argument against gray marketing?

(A) Manufacturers find it difficult to monitor the effectiveness of promotional efforts made on behalf of products that are gray marketed. - monitoring the effect on PE is not discussed
(B) Gray marketing can discourage product promotion by authorized distributors. -mentioned in 3rd paragraph
(C) Gray marketing forces manufacturers to accept the low profit margins that result from quantity discounting. -not metioned
(D) Gray marketing discourages competition among unauthorized dealers. -this kind of competition is not discussed
(E) Quality standards in the manufacture of products likely to be gray marketed may decline. -quality standards are not mentioned



4. The information in the passage suggests that proponents of the theory of territoriality would probably differ from proponents of the theory of exhaustion on which one of the following issues?

(A) the right of trademark owners to enforce, in countries in which the trademarks are registered, distribution agreements intended to restrict distribution to authorized channels - this is the description of T which is very different from the description of E
(B) the right of trademark owners to sell trademarked goods only to those distributors who agree to abide by distribution agreements -T theory talks only about the effectiveness of the trademark sold but not any restriction on the sales
(C) the legality of channel flow diversion that occurs in a country other than the one in which a trademark is registered - legality is not discussed. effectiveness of trademark sold is
(D) the significance consumers attach to a trademark -not mentioned
(E) the usefulness of trademarks as marketing tools -out of the scope here

5. The author discusses the impact of gray marketing on goodwill in order to

my rethinking here is that goodwill is discussed in order to highlight how GM goes against the interests of those who sell legally trademark products

(A) fault trademark owners for their unwillingness to offer a solution to a major consumer complaint against gray marketing -trademark owners are not blamed here
(B) indicate a way in which manufacturers sustain damage against which they ought to be protected -correct: GM is wrong and leads to damage
(C) highlight one way in which gray marketing across markets is more problematic than gray marketing within a market -such comparison is not made
(D) demonstrate that gray marketing does not always benefit the interests of unauthorized distributors -I think here is out of scope
(E) argue that consumers are unwilling to accept a reduction in price in exchange for elimination of service - not mentioned

6. The author’s attitude toward the possibility that the courts will come to exercise consistent control over gray marketing practices can best be characterized as one of

refer to the last lines of the passage here

(A) resigned tolerance -cannot be inferred
(B) utter dismay -cnnot be inferred
(C) reasoned optimism -in the last lines the author reasons why the last theory will work
(D) unbridled fervor -cannot be inferred
(E) cynical indifference -as mentioned in C there is some reasoning and some positivity that the last theory will be applied


7. It can be inferred from the passage that some channel flow diversion might be eliminated if

refer to the example in the first paragraph: Huge # of discounts motivates AS to enter GM

(A) profit margins on authorized distribution of goods were less than those on goods marketed through parallel importing -this comparison is not mentioned
(B) manufacturers relieved authorized channels of all responsibility for product promotion -no impact
(C) manufacturers charged all authorized distributors the same unit price for products regardless of quantity purchased -no discounts=no incentive=fewer authorized sellers to enter GM
(D) the postsale service policies of authorized channels were controlled by manufacturers -no impct
(E) manufacturers refused to provide the “extended product” to consumers who purchase goods in the gray market -it could be a possibility but nowhere this can be inferred from the passage
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Re: Gray marketing, the selling of trademarked products through channels o   [#permalink] 24 Jul 2019, 02:03
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