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First Sale Doctrine Gray Market Goods

The First Sale Doctrine is rule of copyright law providing that an individual who knowingly purchases a copy of a copyrighted material has the right to do what they wish with that particular copy, i.e. sell,... more +
The First Sale Doctrine is rule of copyright law providing that an individual who knowingly purchases a copy of a copyrighted material has the right to do what they wish with that particular copy, i.e. sell, display or dispose of that copy. However, the First Sale Doctrine does not grant individual purchasers the right to make unauthorized reproductions of copyrighted material and consequently, the First Sale Doctrine cannot be used as a defense against claims of infringing reproductions.  less -
Knobbe Martens

A Different Shade of Gray: The Scope and Limits of Gray Market Goods and Recent Developments in the Cosmetics Space

Knobbe Martens on

Under the first sale doctrine, once a trademark owner first authorizes its branded product to be sold to a consumer, the trademark owner’s right to control the further re-sale of that product is generally said to be...more

WilmerHale

Ways Manufacturers Can Shut Down Unauthorized Resellers

WilmerHale on

The internet has become a dominant marketplace for consumer products and services. Historically, high capital costs of warehouse and storefront facilities tended to discourage unauthorized resellers from becoming a...more

McDermott Will & Emery

First Sale and Copyright Misuse Doctrines Available to Extinguish Rights to Products Purchased in Gray Market - Omega S.A. v....

McDermott Will & Emery on

In a short majority opinion, the U.S. Court of Appeals for the Ninth Circuit concluded that once a copyright claimant conceded that it authorized a first sale of the watches in a foreign jurisdiction, the first sale doctrine...more

Buchalter

U.S. Supreme Court Upholds Importation and Re-Sale of Gray Market Goods Manufactured Abroad

Buchalter on

On March 19, 2013, in a decision eagerly awaited by the entertainment bar,1 the United States Supreme Court, in Kirtsaeng v. John Wiley & Sons, ruled that, under the First Sale Doctrine, a person who buys lawfully made...more

Buchalter

Points & Authorities - Summer 2013: The Entertainment Issue

Buchalter on

In This Issue: - It’s Always Something: The Repeated Assaults on Licensee Rights in Bankruptcy - Clearance: Start Early and Avoid the Clutter - New Faces - Points from the President - The...more

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