Intellectual Property

Recent Posts

Supreme Court Issues Split Ruling In Fair Use Copyright Dispute
Posted on 13 Dec 2010 by Melissa Ritti

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... Read More

Foley & Lardner LLP: Two Courts Address Constitutional Limits on Copyright Statutory Damages
Posted on 27 Oct 2011 by Foley & Lardner LLP

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.... 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

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

“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.
Posted on 11 Aug 2010 by Martha Nimmer

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... 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

Foley & Lardner LLP: Two Courts Address Constitutional Limits on Copyright Statutory Damages
Posted on 27 Oct 2011 by Foley & Lardner LLP

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... Read More

Fashion Police: Proposed amendments to the Copyright Act would create protection for original fashion designs.
Posted on 1 Nov 2010 by Copyright & Trademark Law Community Staff

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... 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 Holds "First Sale" Doctrine Applies to Grey Market Goods -- Resale of Copyrighted Items Made Overseas Not Copyright Infringement
Posted on 24 Apr 2013 by Norton Rose Fulbright

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... Read More