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
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...
by Frank L.
Bernstein and Jonathan D.
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...
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...
On April 19,
2010, the Supreme Court granted certiorari to review the 9th Circuit's decision
Wholesale Corp. v. Omega, S.A. The grant has broad
implications for companies who sell copyrightable goods at different price
points in the...
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)
This is not likely to be the first time you...
WASHINGTON, D.C. - (Mealey's) Citing its ruling last week
in Kirtsaeng v. John Wiley & Sons Inc. (568 U.S. ___  (lexis.com subscribers may access Supreme Court briefs and the opinion for this case) ; See 11/5/12, Page 4), the
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...
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
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...
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...
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
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...
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...