SCOTUS Takes "Grey Market" Goods Resale Case
Grey marketing, sometimes referred to as “parallel importation”, is the diversion of goods, originally intended for sale only in certain countries, to other countries where they were not intended to be sold. The goods are not...more
We are delighted to announce the launch of our Combatting illegal pharma trade enforcement guide. This publication is a pharmaceutical industry-specific brochure which complements our suite of brand and trademark protection...more
Focus I: International black market trade - Among the industries that suffer most from black and grey market activities, the pharmaceutical sector sadly holds one of the top positions. The World Health Organization (WHO)...more
On November 6, 2015, Abbott Laboratories and its diabetes care units secured a preliminary injunction against multiple pharmacies, distributors and associated individuals engaged in the sale of gray market Abbott FreeStyle...more
The German Federal Ministry of Finance published the draft Retail Investor Protection Act (Kleinanlegerschutzgesetz, or Act)1 on 28 July 2014. The Act is intended to strengthen the protection of German retail investors – in...more
The concept of copyright ‘exhaustion’, or the ‘first sale’ doctrine, refers to the principle that once a copyright owner places a copyrighted item in the stream of commerce by selling it, they have exhausted their exclusive...more
On May 21, 2012, the Senate Armed Services Committee issued a report of its inquiry into counterfeit parts in the Department of Defense Supply Chain. The Committee’s report stated that the problem of counterfeit electronic...more
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
*News from the Bench: - First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad. - Dissenting Federal Circuit Judges Abide By The Akamai Standard. - More On Joint Infringement and The Akamai...more
On March 19, the United States Supreme Court in Kirtsaeng v. John Wiley & Sons, Inc., 2013 WL 1104736, held that the "first sale" doctrine, as codified in the Copyright Act, applies to copyrighted works lawfully manufactured...more
In a 6-3 decision issued on March 19, 2013, the U.S. Supreme Court held that the first sale doctrine, which allows the owner of a “lawfully made” copy of a copyrighted work to freely sell it, also applies to the resale of...more
On March 19, 2013, the U.S. Supreme Court issued a decision clarifying the bounds of copyright owners' rights in the global marketplace. In Kirtsaeng, dba BlueChristine99 v. John Wiley & Sons, Inc.,1 the Court held that the...more
The U.S. Supreme Court has settled the long-open question of whether U.S. copyright holders can prevent the importation of gray market products in Tuesday's decision Kirtsaeng v. John Wiley & Sons, Inc., 568 U.S. _____, No....more
In a decision that may significantly impact international production and distribution practices for copyrighted works, the Supreme Court of the United States on Tuesday found that the Copyright Act’s first sale doctrine was...more
Resolving the long legal struggle over the scope of the Copyright Act's provision governing the right of copyright owners to control imports, the Supreme Court held on Tuesday that the first sale doctrine embodied in 17...more
In This Issue: - Message from the Managing Partner - Amazing Clients®: ACell: Medical Miracles - The Age of Bionic Reconstruction Arrives - Rethinking Today’s “Fixed Income” Investments - Can Gray...more