'Gray Market' Lawyer: Congress Won't Change Copyright Laws
Stealth Lawyer: Lenore Rice, Terra Cotta Importer
Monitor Thy Drink: Alcohol Import Regulations Under the TTB (Alcohol and Tobacco Tax and Trade Bureau)
Trade remedies provide much needed relief to domestic industries battered by unfairly traded imports. But their effectiveness can be gravely undermined when exporters resort to deceit and outright fraud to skirt around...more
In This Issue: - Commerce Declares No "Free Pass" To Commit Fraud In Trade Cases - ITC Investigates Economic Impact Of Proposed Modifications To NAFTA Rules Of Origin - Global Manufacturers, Encouraged By...more
In This Issue: *EU CUSTOMS POLICY - Recast MCC/UCC developments *TARIFFS - Update on duty suspensions/tariff quotas - GSP Regime Developments - Commission amends list of biological or...more
United States v. Izurieta is an odd opinion. Turns out the Eleventh Circuit was a very good defense attorney in this case. Two brothers - Yuri and Anneri Izurieta - ran an import/export business. They brought food...more
April 9 (Bloomberg) -- Joshua Rosenkranz, head of the Supreme Court and Appellate Litigation practice at Orrick, Herrington & Sutcliffe LLP, talks with Bloomberg Law's Spencer Mazyck about obtaining a landmark victory from...more
McDermott Will & Emery is pleased to offer “Distribution in China – Legal Issues*,” a one-stop resource covering distribution in China, including: The business models and legal structures most commonly used for...more
Do you manufacture copyright-protected goods in the U.S. for distribution in the American market and abroad for distribution at lower cost elsewhere? The Supreme Court handed down a decision March 19 with the potential to...more
On Thursday, March 14, the Census Bureau published a final rule (available here) implementing changes to the Foreign Trade Regulations (FTR), 15 C.F.R. Part 30. The final rule includes long-awaited revisions to the...more
Agreements to free up the flow of trade between countries or regions are aimed to increase economic activity and wealth on both sides. The EU and United States, however, already make up 40% of global economic output and the...more
On December 22, 2012, the Canadian government solicited views on the withdrawal of general preferential tariff (GPT) status from imports of beneficiary countries. It was proposed that the withdrawal would be discriminatory to...more
In last month’s newsletter, we discussed how developments in 2012 had considerably tightened sanctions against Iran, including through the first-ever application of sanctions to separately incorporated subsidiaries of U.S....more
On March 28, 2013, the U.S. International Trade Commission (ITC) initiated an investigation into the potential economic impact of proposed modifications to the North American Free Trade Agreement (NAFTA). The proposed...more
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
The Supreme Court ruled last week in Kirtsaeng v. Wiley, a case that centered on the tension 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....more
In This Issue: - Kirtsaeng v. John Wiley & Sons, Inc., U.S. Supreme Court, March 19, 2013: In a 6-to-3 decision with far-reaching implications, U.S. Supreme Court holds that copyright “first sale” doctrine...more
Following up on our previous blog post addressing Kirtsaeng v. John Wiley & Sons Inc., the Supreme Court recently held, in a 6-3 decision, that the “first sale” doctrine applies to works produced and sold overseas. The...more
In a March 19, 2013 decision in Kirtsaeng v John Wiley & Sons, Inc., the Supreme Court turned aside copyright owners’ attempts to draw geographic limits around the application of the “first sale” doctrine, holding that the...more
The Supreme Court ruled in Kirtsaeng v. John Wiley & Sons, Inc. that copyright law does not prohibit the unauthorized importation and sale of copyrighted goods manufactured outside the United States. This decision, which...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
The Supreme Court of the United States issued its much-anticipated decision in Kirtsaeng v. John Wiley & Sons, Inc., holding that the “first sale” doctrine protects a buyer or other lawful owner of a copy of a copyrighted...more
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