• Bensen on Costco Wholesale Corp. v. Omega S.A.: What Does a 4-4 Tie Say About the Future of the First Sale Doctrine? (PDF)
 
 
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Bensen on Costco Wholesale Corp. v. Omega S.A.: What Does a 4-4 Tie Say About the Future of the First Sale Doctrine? (PDF)

Bensen on Costco Wholesale Corp. v. Omega S.A.: What Does a 4-4 Tie Say About the Future of the First Sale Doctrine? (PDF)

Regarding the sale in the U.S. of a U.S. copyrighted work manufactured and first sold abroad.


Availability: In Stock
Publisher :LexisNexis Emerging Issues Analysis
Format: Electronic, 7 Pages , PDF

ISBN: 9781422429983

3/3/2011
 
$57.00
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    Costco v. Omega, regarding the sale in the U.S. of a U.S. copyrighted work manufactured and first sold abroad ended in a 4-4 tie, leaving for another day how broadly the Court would construe the first sale doctrine. However, when viewed against the Court's unanimous decision in Quality King, the Costco non-decision may portend a shift on the Court toward a broader understanding, impacting not only copyright law, but, potentially, patent law.

     

    Eric E. Bensen is a co-author of Milgrim on Licensing, Milgrim on Trade Secrets and Bensen & Myers on Litigation Management and advises clients on complex intellectual property and litigation management issues. He can be reached at ericbensen@gmail.com.

     

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