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Gold on Material Differences and Disclosures for First Sale Doctrine

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...

Costco v Omega: Supreme Court to Address Gray Goods Market and First Sale Doctrine

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 U.S. and foreign markets, and retailers who exploit...

Costco v Omega: Supreme Court to Address Gray Goods Market and First Sale Doctrine

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 U.S. and foreign markets, and retailers who exploit...

The First Sale Defense and the Effect of Post-Sale Confusion of Non-Purchasers

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...

Supreme Court Hears Copyright Dispute over First-Sale Doctrine

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...

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)

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, and an infringement action could not be based upon...

LaFrance on the First Sale Rule and Ownership versus Licensing of Music CDs

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...

Bensen on What Does a 4-4 Tie Say about the Future of the First Sale Doctrine and Its Impact on Patent Law?

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 ], 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...

Bensen on Costco Wholesale Corp. v. Omega S.A.: What Does a 4-4 Tie Say About the Future of the First Sale Doctrine?

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 and first sold abroad. The case ended in a 4-4 tie...

Kenyon & Kenyon LLP: Copyright Act’s First Sale Doctrine Does Not Apply To Genuine Works Manufactured Outside the United States

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...

Ballard Spahr LLP: Second Circuit Ruling Affects Copyrighted Works Produced Abroad

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. ...

Vernor v. Autodesk, Inc.: The Last 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) Introduction This is not likely to be the first time you have read an agreement such as the one above. Given...

Supreme Court Grants Certiorari in First Sale Copyright Dispute

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...

Is First Sale Rule Limited to Domestically-Made Copies?

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. Excerpt: Background...

Supreme Court Reverses, Says First Sale Doctrine Applies in Copyright Case

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 d/b/a BlueChristine99...

Selling Copyrighted Goods Manufactured Abroad is not Copyright Infringement

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 auction...

Supreme Court Vacates, Remands in Dispute over Textbook Copyrights

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 Court on March 25 granted certiorari in another...

Supreme Court Endorses International Copyright Arbitrage

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 law's "first sale" doctrine trumps...

Supreme Court Holds "First Sale" Doctrine Applies to Grey Market Goods -- Resale of Copyrighted Items Made Overseas Not Copyright Infringement

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 to lexis.com subscribers ], that the "first...

To the Chagrin of Copyright Holders, Consumers Win the Right to Resell Imported Books

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...

Kirtsaeng v. Wiley Incentivizes Digital Distribution

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...