In this issue:
- The Time Is Here: Protecting Your Brands Against New Top-Level Domain Names
- Kirtsaeng v. John Wiley & Sons, Inc.: Supreme Court Holds that the First Sale Doctrine Applies Regardless of Where a Work is Manufactured
- More Muscle Behind Fitness Consent Decrees
- FTC, POM Wonderful Battle Continues
- What to Look For – And Look Out For – In Contracts and Royalty Statements
- What Does It Mean To Be "As Seen On TV?"
- Announcements And Reminders
- Excerpt from "Kirtsaeng v. John Wiley & Sons, Inc.: Supreme Court Holds that the First Sale Doctrine Applies Regardless of Where a Work is Manufactured"
The Supreme Court ruled last week in Kirtsaeng v. Wiley, a case that centered on the tension be between copyright law’s first sale doctrine, codified at 17 U.S.C. §109(a), and the importation restriction found in 17 U.S.C. §602(a). The express question before the Court was whether the first sale doctrine applies to works manufactured outside the United States. While the Second Circuit and the Ninth Circuit had each ruled, in some fashion, that the first sale doctrine was limited to works manufactured within the United States, the Supreme Court disagreed with them – and the Solicitor General, holding that the first sale doctrine applies regardless of where the works are manufactured.
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