Brand protection, unauthorized resale enforcement, and trademark-adjacent claims against grey market diverters.
Black Law P.A’s lawyers have ample experience in supporting clients in the secondary or grey market. Amazon or Ebay resellers, wholesalers, and other resellers have been clients of Black Law P.A. for years. Our attorneys are adept at handling litigation relating to this market as it relates to the distribution of goods through various channels available in the U.S. and international marketplace. These cases involve complex legal issues such as international trade laws, intellectual property rights, distribution agreements, and consumer protection laws. Black Law P.A. prides itself in protecting resellers against brands for legal trade in their goods.
These cases often involved trade market and copyright infringement claims, and parallel importation laws. We work with our clients to defend and/or enforce enforcement actions, customs issues, contractual remedies, regulatory compliance, and litigation defenses.
“The process is always dynamic and requires 360-degree awareness of all aspects of an engagement – that’s part of why we enjoy it so much. We are flexible, and sensitive to the need to regularly calibrate strategies, action plans, and case budgets to maintain the clarity of your goals and objectives (which sometimes themselves change as a matter progresses). Light footprint, sustained onslaught, or anything in between… we are adaptable to the needs of your situation because while size and scope may vary, the core principles and our passion for solving your problems are enduring.”
Kelsey Black, Managing Partner
The grey market — also called secondary market — refers to the sale of genuine, brand-name goods through channels the trademark owner did not authorize. Grey-market goods are real (not counterfeit) but reach U.S. consumers outside the brand's official distribution chain. The legal landscape is governed primarily by the first sale doctrine and its exceptions under the Lanham Act and federal customs law.
Primarily resellers, wholesalers, and online sellers — including Amazon and eBay sellers — defending against trademark infringement and brand-protection enforcement actions. The firm has years of experience in this market and is familiar with the documentation and disclosure practices that distinguish lawful grey-market resale from counterfeit conduct.
That situation is common in grey-market enforcement, and the response window for Amazon takedowns is short. Successful reinstatement typically turns on documentation — supply-chain records, invoices, authentication evidence, and accurate listing language. Counsel involvement is most valuable early, because both Amazon's reinstatement timelines and brand counsel's correspondence can lock a seller into commitments that affect the broader posture if responses aren't carefully framed.
Brand protection and unauthorized resale enforcement — tell us what you're facing.