In the case of Zino Davidoff SA v. CVS Corporation, No. 07-2872, 2nd Cir., the U.S. Court of Appeals for the Second Circuit found that selling trademarked products with an altered unique production code (UPC) could constitute trademark infringement. Because these codes help trademark owners distinguish their products from counterfeits or forgeries, altering UPCs robs trademark owners of their ability to monitor brand quality in the marketplace. This lawsuit arose after plaintiff Davidoff declined the opportunity to sell his trademarked fragrance, “Cool Water,” to national drugstore chain CVS. After CVS was able to obtain the fragrance through alternative means (the so-called “grey market”), it removed the UPC codes prior to selling the product. But after the Court of Appeals granted the plaintiff an injunction against selling the goods, CVS is starting to realize that it may end up in hot water over “Cool Water.”