“Extra Element” Victory on State Law Claims for White House/Black Market and Chico’s - FREE DOWNLOAD: Opinion - White House/Black Market, et al. v. Cache INC., et al.

On July 27th, Judge Paul G. Gardephe of the Southern District of New York granted White House/Black Market, Inc.'s motion to remand its suit against Cache, Inc., Rabia Farhang and Christine Broad [also referred to as Christine Board] to the New York Supreme Court. Plaintiffs brought claims for...

Fashion Police: Proposed amendments to the Copyright Act would create protection for original fashion designs.

By Allan J. Sternstein and Neal G. Massand, Dykema Gossett PLLC *This article was first published on insidecounsel.com . For decades, fashion designers have watched their new designs be quickly copied with knock-off pieces that pop up on the open market shortly after the originals appeared on runways...

Supreme Court Issues Split Ruling In Fair Use Copyright Dispute

WASHINGTON, D.C. -- (Mealey's) A divided U.S. Supreme Court on Dec. 13 allowed to stand a Ninth Circuit U.S. Court of Appeals ruling that the Copyright Act's first-sale doctrine does not apply to goods lawfully manufactured abroad and then sold domestically ( Costco Wholesale Corp. v. Omega S...

Foley & Lardner LLP: Two Courts Address Constitutional Limits on Copyright Statutory Damages

By Kevin M. Littman ( klittman@foley.com ) In two high-profile cases, the U.S. Court of Appeals for the First Circuit and a district court in Minnesota recently addressed the constitutional limits on statutory damage awards under the Copyright Act. Both cases involved illegal downloading of music by...

Supreme Court Reverses, Says First Sale Doctrine Applies in Copyright Case

WASHINGTON, D.C. - (Mealey's) A student accused of copyright infringement prevailed at the U.S. Supreme Court, which held in a divided ruling March 19 that the first sale doctrine applies to lawfully made works manufactured abroad and imported to the United States ( Supap Kirtsaeng d/b/a BlueChristine99...

Selling Copyrighted Goods Manufactured Abroad is not Copyright Infringement

by Donna Ray Berkelhammer The US Supreme Court ruled 6-3 on March 19 that once you buy a work covered by U.S. copyright law , you may resell that product in the U.S., no matter where it was lawfully manufactured. This is an important decision for second-hand shops, discounters, online auction...

Supreme Court Vacates, Remands in Dispute over Textbook Copyrights

WASHINGTON, D.C. - (Mealey's) Citing its ruling last week in Kirtsaeng v. John Wiley & Sons Inc. (568 U.S. ___ [2013] (lexis.com subscribers may access Supreme Court briefs and the opinion for this case) ; See 11/5/12, Page 4), the U.S. Supreme Court on March 25 granted certiorari in another...

Supreme Court Endorses International Copyright Arbitrage

by Frank L. Bernstein and Jonathan D. Reichman In a much-awaited decision, Kirtsaeng v. John Wiley & Sons, Inc., (lexis.com subscribers may access Supreme Court briefs and the opinion for this case) the U.S. Supreme Court held that the copyright law's "first sale" doctrine trumps...

Supreme Court Holds "First Sale" Doctrine Applies to Grey Market Goods -- Resale of Copyrighted Items Made Overseas Not Copyright Infringement

by Laura J. Borst, Rita Weeks and Shelby Knutson Excerpt: In a landmark ruling on March 19th, the Supreme Court held in Kirtsaeng v. John Wiley & Sons, Inc., No. 11-697, 2013 U.S. LEXIS 2371 (2013) [ an enhanced version of this opinion is available to lexis.com subscribers ], that the "first...

To the Chagrin of Copyright Holders, Consumers Win the Right to Resell Imported Books

by Sharona H. Sternberg Just over a century ago, when buying a book for a dollar still seemed expensive, the Supreme Court first recognized the "first sale doctrine," a basic exception to a copyright owner's distribution rights. Once a consumer buys a copyrighted product, like a...