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...
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...
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...
By Kevin M. Littman ( email@example.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...
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
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
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
U.S. Supreme Court on March 25 granted certiorari in another...
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 law's
"first sale" doctrine trumps...
by Laura J. Borst, Rita Weeks and Shelby Knutson
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...
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...