Headset manufacturer GN Netcom accuses electronics reseller Online King of infringing its JABRA and VXI trademarks. GN 2019s factual allegations are similar to those of its September lawsuit against TelQuest International; here, GN alleges that Online King buys actual GN products manufactured and sold to the international market that were not intended for sale in the United States and that are materially different than GN products intended to be sold in this country. As a general rule, the resale of genuine trademarked goods is not infringement, under an 201cexhaustion 201d theory; this does not apply, however, when the accused party is selling goods that materially differ from those sold by the trademark owner. The importation of 201cgray-market 201d goods, foreign manufactured goods that bear a valid U.S. trademark but that are imported into the country without the trademark owner 2019s consent, fall within this exception; it is not immediately clear whether goods actually manufactured in America, and GN 2019s complaint does not make clear where its goods intended for foreign sale are actually made.
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