In Beltronics USA, Inc. v. Midwest Inventory Distrib., LLC , 562 F.3d 1067 (10th Cir. Kan. 2009) , Beltronics' distributors violated their distribution agreements by selling Beltronics radar detectors to Midwest, which in turn resold them as "new" on the internet. To prevent Beltronics...
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 U.S. and foreign markets, and retailers who exploit...
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 purchase to non-purchasing consumers who encounter...
WASHINGTON, D.C. - (Mealey's)
The reach of the Copyright Act's first-sale doctrine, codified at 17 U.S. Code Section 109(a) , was debated November 8 th
by an eight-member panel of the U.S. Supreme Court in a dispute over watches
lawfully manufactured abroad and sold domestically by a wholesale...
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, and an infringement action could not be based upon...
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 / unenhanced version available from lexisONE Free...
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 ],
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...
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 and first
sold abroad. The case ended in a 4-4 tie...
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 the rights enjoyed by copyright owners is the right...
By Robert R. Baron, Jr.
and Corinne Militello
A recent decision by the U.S. Court of Appeals for the Second Circuit
is a victory for copyright owners because it allows those who
manufacture outside of the United States to maintain greater control
over distribution after the first sale.
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 have read an
agreement such as the one above. Given...
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 v. John Wiley
& Sons Inc. , No...
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 case and its implications.
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...
This article originally appeared in Mealey’s Litigation Report: Cyber Tech & E-Commerce June 2013
by Ilaria Maggioni In Kirtsaeng v. Wiley,[ 1 ] the Supreme Court ruled that once a copyrighted work has been sold by its owner anywhere in the world, it is free to be resold - including by importation...