This is a reply brief on the motion to dismiss the case filed against importers of "foreign" versions of textbooks against one of the publishers of those textbooks. The main issue involves the applicability of the First Sale Doctrine to such situations, which the Supreme Court has agreed to review with respect to the Costco-Swatch copyright case. The motion, however, is based on jurisdiction: Why does this case against a Minnesota defendant take place in New York?
There are other potential issues too, though, as the answer--and particularly the affirmative defenses--suggests. But we have made this motion to dismiss on the grounds that there is no personal jurisdiction in the Southern District of New York over a Minnesota resident, even if he does ship some merchandise to New York through a routine Internet order.
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Published In: Business Torts Updates, Civil Remedies Updates, Constitutional Law Updates, Intellectual Property Updates
Reference Info:Legal Memoranda: Motion Addressed to Pleadings | Federal, 2nd Circuit, New York | United States
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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