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June 1993 LSAT Section 3 Question 10

The information in the passage suggests that proponents of the theory of territoriality would probably differ from pr...

NAM1921 on March 17, 2023

Where does answer choice C go wrong?

Any input would be helpful! Thanks

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Emil-Kunkin on March 23, 2023

Hi, let's look at what the two theories tell us. Exhaustion tells us that trademark protection would cease at the moment of sale, and thus there is no protection against grey marketing.

Territoriality tells us that protections only apply in the country of origin. This means that grey marketing can be banned in the country of origin, but not across borders. In both theories, grey marketing cannot be banned for cross border trade.