Intellectual Property

Recent Posts

The First Sale Defense and the Effect of Post-Sale Confusion of Non-Purchasers
Posted on 11 Oct 2010 by Andrew M. Gold

Is the "first sale" doctrine always a reliable safe harbor for resellers of authentic trademarked goods? Should we analyze the likelihood of confusion only of purchasers of allegedly infringing products, or should that analysis extend after... Read More

To the Chagrin of Copyright Holders, Consumers Win the Right to Resell Imported Books
Posted on 18 Jun 2013 by Copyright & Trademark Law Community Staff

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... Read More

Supreme Court Endorses International Copyright Arbitrage
Posted on 29 Mar 2013 by Kenyon & Kenyon LLP

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... Read More

LaFrance on the First Sale Rule and Ownership versus Licensing of Music CDs
Posted on 7 Feb 2011 by Mary LaFrance

In the third of a rapid-fire trio of opinions distinguishing between sales and licenses, the Ninth Circuit in UMG Recordings, Inc. v. Augusto , 2011 U.S. App. LEXIS 52 (9th Cir. Cal. Jan. 4, 2011) [ enhanced version available to lexis.com subscribers... Read More

Costco v Omega: Supreme Court to Address Gray Goods Market and First Sale Doctrine
Posted on 10 Jun 2010 by Charles Sims and Jed Friedman

On April 19, 2010, the Supreme Court granted certiorari to review the 9th Circuit's decision in Costco Wholesale Corp. v. Omega, S.A. The grant has broad implications for companies who sell copyrightable goods at different price points in the... Read More

Vernor v. Autodesk, Inc.: The Last First Sale?
Posted on 28 Nov 2011 by Copyright & Trademark Law Community Staff

By Andrew L. Berrier* * J.D. Candidate, May 2012, Wake Forest University School of Law. Excerpt from Vernor v. Autodesk, Inc.: The Last First Sale? , 46 Wake Forest L. Rev. 867 (Fall 2011) Introduction This is not likely to be the first time you... Read More

Supreme Court Vacates, Remands in Dispute over Textbook Copyrights
Posted on 25 Mar 2013 by Melissa Ritti

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... Read More

Supreme Court Reverses, Says First Sale Doctrine Applies in Copyright Case
Posted on 19 Mar 2013 by Melissa Ritti

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... Read More

Kenyon & Kenyon LLP: Copyright Act’s First Sale Doctrine Does Not Apply To Genuine Works Manufactured Outside the United States
Posted on 19 Aug 2011 by Kenyon & Kenyon LLP

By Charles A. Weiss To download a PDF version of this article, please click here . Second Circuit Rules Copyright Owners May Block Importation of Articles They Made and Sold Overseas, Reaching Issue that Divided Supreme Court last Term Among... Read More

Bensen on Costco Wholesale Corp. v. Omega S.A.: What Does a 4-4 Tie Say About the Future of the First Sale Doctrine?
Posted on 7 Mar 2011 by Eric E Bensen

Costco Wholesale Corp. v. Omega, S.A. , 131 S. Ct. 565 (U.S. 2010) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] concerned U.S. sales of a U.S. copyrighted work that was manufactured... Read More

Is First Sale Rule Limited to Domestically-Made Copies?
Posted on 6 Nov 2012 by Mary LaFrance

In the upcoming Kirtsaeng case, the Supreme Court is expected to provide the long-awaited answer to the question whether copyright law's first sale rule applies only to domestically-manufactured copies. Mary LaFrance gives us a preview of the upcoming... Read More

Ninth Circuit extends reach of the first sale doctrine by protecting sales of free and unsolicited compact discs: UMG Recordings, Inc. v. Augusto (Jan. 4, 2011)
Posted on 10 Jan 2011 by Copyright & Trademark Law Community Staff

The Ninth Circuit recently applied the first sale doctrine in a case involving free and unsolicited promotional compact discs (CDs). The court held that because of the distribution method, title to the promotional CDs was transferred to the recipients... Read More

Costco v Omega: Supreme Court to Address Gray Goods Market and First Sale Doctrine
Posted on 10 Jun 2010 by Charles Sims and Jed Friedman

On April 19, 2010, the Supreme Court granted certiorari to review the 9th Circuit's decision in Costco Wholesale Corp. v. Omega, S.A. The grant has broad implications for companies who sell copyrightable goods at different price points in the... Read More

Selling Copyrighted Goods Manufactured Abroad is not Copyright Infringement
Posted on 20 Mar 2013 by Sands Anderson PC

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... Read More

Supreme Court Grants Certiorari in First Sale Copyright Dispute
Posted on 17 Apr 2012 by LexisNexis® Mealey's™ Legal News

WASHINGTON, D.C. - ( Mealey's ) The U.S. Supreme Court agreed yesterday to again address the question of whether a foreign-made work can be resold within the United States without the permission of a copyright holder ( Supap Kirtsaeng, d/b/a BlueChristine99... Read More