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Results: 1-10 of 18

Supreme Court decides the scope of the copyright first sale doctrine

  • Quarles & Brady LLP
  • -
  • USA
  • -
  • March 28 2013

In their decision issued March 19, 2013 in the case of Kirtsaeng v. John Wiley & Sons, Inc., the Supreme Court has finally decided the scope of the

Supreme Court decides Kirtsaeng v. John Wiley & Sons, Inc.

  • Banner & Witcoff Ltd
  • -
  • USA
  • -
  • March 20 2013

The U.S. Supreme Court has just issued its decision in Kirtsaeng v. John Wiley & Sons, Inc., and its holding could have consequences on

Kirtsaeng v. John Wiley & Sons, Inc.: a brief history of a long-anticipated case

  • Venable LLP
  • -
  • USA
  • -
  • February 26 2013

As we noted late last year in Kirtsaeng v. John Wiley & Sons: How the Supreme Court Will Decide the Fate of eBay, Libraries, and Yard Sales, the

Podcast: Rob Litowitz on Kirtsaeng v. John Wiley & Sons, Inc.: the right to resell imported goods in the United States

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • February 12 2013

The U.S. Supreme Court is currently considering the copyright case, Kirtsaeng v. John Wiley & Sons, Inc., a case that involves the right to resell

ITC Administrative Law Judge rules that ongoing royalty precludes exclusion order

  • Duane Morris LLP
  • -
  • USA
  • -
  • September 11 2012

In a recent decision that continues the U.S. International Trade Commission's (ITC) evolving jurisprudence on licensing, Administrative Law Judge (ALJ) Theodore R. Essex held that a running royalty awarded in a prior district court case foreclosed relief at the ITC

Could software imports from Europe bypass U.S. first sale and IP exhaustion laws?

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • European Union, USA
  • -
  • July 25 2012

On July 3, the Court of Justice of the European Union (CJEU) ruled that a sale of a digital copy of software exhausted the copyright owner's exclusive distribution rights to the copy under Europe's first sale doctrine

Citing copyright misuse doctrine, court holds that watchmaker cannot rely on copyright to stop importation of gray market watches into United States

  • Arent Fox LLP
  • -
  • USA
  • -
  • December 13 2011

A recent decision by a California federal district court could make it more difficult for copyright owners to prevent the unauthorized importation of gray market goods into the United States

Santa Margherita and Paterno toast quick win in gray market wine case

  • Roetzel & Andress
  • -
  • USA
  • -
  • October 24 2011

Plaintiffs Santa Margherita S.p.A. (“Santa Margherita”) and Paterno Imports, Ltd. (“Paterno”) recently secured a consent judgment in a “gray market” trademark and copyright case, S. Margherita S.p.A. v. Thomas Wine Imports, Inc., Case No. 2:11-CV-00843-GHK-JEM (C.D.Cal. 2011

First sale doctrine does not apply to genuine works manufactured outside the United States

  • Kenyon & Kenyon LLP
  • -
  • USA
  • -
  • September 21 2011

The Second Circuit recently ruled that copyright owners may block the importation of articles that they made and sold overseas, dealing with an issue that divided the Supreme Court last term

First sale doctrine does not protect foreign made imports

  • McDaniel & Park, P.C.
  • -
  • USA
  • -
  • August 30 2011

Construing an “utterly ambigious” provision of the U.S. copyright statute, the Second Circuit Court of Appeals rejected the first sale doctrine as a defense against claims of copyright infringement arising from the importation of foreign-published textbooks, and affirmed an award of $600,000 in statutory damages against a graduate student who imported and sold textbooks on eBay