First Sale Doctrine Trademarks

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 -
News & Analysis as of

Adobe Systems Inc. v. Kornrumpf - USCA, Ninth Circuit, June 2, 2014

Adobe Systems Inc. v. Kornrumpf - USCA, Ninth Circuit, June 2, 2014: Ninth Circuit affirms grant of partial summary judgment in favor of Adobe Systems Inc., holding that first sale doctrine was not available as defense...more

Points & Authorities - Summer 2013: The Entertainment Issue

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

Enthusiastic Fan or Dangerous Competitor?

I like Trader Joe’s. I like the atmosphere – not unlike the small-town grocery stores I knew growing up. I like the products – interesting choices and, at least, perceived quality. But I’m not sure I like their legal...more

Protecting Your Products in Light of the U.S. Supreme Court's Holding That A Copyright Owner Only Controls the "First Sale" of a...

A copyright affords the copyright owner with “exclusive rights”. One such right is “to distribute… copies of [a] copyrighted work”under 17 U.S.C. § 106(3). Under the first sale doctrine, “The owner of a particular...more

IP Buzz - March 2013

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...more

IP Update, Vol. 16, No. 3, March 2013

In This Issue: Supreme Court - Supreme Court Finds That “First Sale” Doctrine Applies to Works Patents - Joint Actors as It Relates to Method Claim Infringement; Federal Circuit Ruling Clears Way...more

Copyright Owners Left Legally Jet Lagged? – The Supreme Court Embraces the International Exhaustion Doctrine

A multi-year legal drama over the proper scope of certain sections of the U.S. Copyright Act, as applied to goods made and first sold outside the United States, has finally come to an end. In a 6-3 decision issued yesterday,...more

IP Buzz - December 2012

In this issue: - Kirtsaeng v. John Wiley & Sons: How the Supreme Court Will Decide the Fate of eBay, Libraries, and Yard Sales - Supreme Court to Consider Whether (Isolated) Human Genes are Patentable - What...more

IP Update, Vol. 15, No. 11, November 2012

IN THIS ISSUE: Patents - ..Is It Time to Take a New Look at Appellate Review of PTO Claim Construction? ..Limits on the Use of the Disclosure-Dedication Rule Under Doctrine of Equivalents ..Causal...more

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