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First Sale Doctrine

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 -
Faegre Drinker Biddle & Reath LLP

Georgia Court of Appeals Confirms “First Sale” as Used in Statute of Repose Refers to Sale of First Unit of Repeatedly Purchased...

Georgia’s product liability statute of repose requires actions to be commenced within 10 years of “the date of the first sale for use or consumption” of the product at issue. OCGA § 51-1-11(b)(2) (emphasis added). While the...more

Kohrman Jackson & Krantz LLP

Protecting Your Brand: Strategies to Combat Unauthorized Resellers and Navigate First Sale Doctrine Challenges

In the ever-expanding landscape of e-commerce, the presence of unauthorized resellers can pose significant threats to a brand’s reputation and bottom line. Brands should take a proactive approach in combatting unauthorized...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2024

Thank you for reading the February 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the advertising rights of luxury resellers and important updates to the Warner Chappell Music v. Nealy...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

First Sale Doctrine – Not a Get out of Jail Free Card

It is well established that under the First Sale Doctrine luxury resellers have the right to resell genuine, pre-owned goods, and advertise them as such. But does the doctrine give merchants carte blanche in advertising...more

Braumiller Law Group, PLLC

Braumiller Law Group & Braumiller Consulting Group February 2024 newsletter

Last June (2023), in response to a ruling request from Your Special Delivery Services Specialty Logistics (YSDS), Customs and Border Protection (CBP) issued HQ H324098, clarifying what it means to be an “owner or purchaser”...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - February 2024 - What is the “First Sale” Rule and How Does it Affect Me?

Carol works in import compliance for Acme Corporation. Her customs broker advises her of a shipment from Kung Pao Industrial Company in China and asks for clearance instructions. Carol has never heard of Kung Pao Industrial...more

Braumiller Law Group, PLLC

[Webinar] What is a "First Sale" Transaction, and What Do You Do About it? - April 11th, 11:30 am - 12:30 pm CST

Join Braumiller Law Group Senior Counsel Bruce Leeds for the next few presentations in a monthly series regarding Hot Topics in International Trade Compliance...more

Kohrman Jackson & Krantz LLP

Overcoming the First Sale Doctrine: Material Differences

Unauthorized Sellers are a growing and ubiquitous problem for brands selling their goods on eCommerce marketplaces, such as Amazon, eBay, and Walmart. Unauthorized resellers sell products without the brand’s authorization or...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Upcycling: A Question of Law and Optics

Great buzz resulted from the World Bank study showing that the fashion industry is responsible for about 10% of annual global carbon emissions – more than international flights and maritime shipping combined. While this news...more

White & Case LLP

US Court of Appeals for Federal Circuit Vacates US Court of International Trade Decision That Would Have Let Customs Reject...

White & Case LLP on

A recent (August 11, 2022) US Court of Appeals for the Federal Circuit ("CAFC") opinion, Meyer Corp., US v. United States,1 has relieved many concerns that a previous decision by the US Court of International Trade ("CIT")...more

Kohrman Jackson & Krantz LLP

Overcoming the First Sale Doctrine: The Quality Control Exception

Brands that sell goods on eCommerce websites such as Amazon, eBay, and Walmart, have undoubtedly been confronted with the issue of unauthorized resellers. Unauthorized resellers damage a Company’s brand, tarnish its company’s...more

Venable LLP

Nike StockX Battle Heats Up

Venable LLP on

A couple of weeks ago, we wrote an article concerning Nike's lawsuit against StockX. The original complaint primarily concerned StockX's nascent NFT program and Vault NFT offerings, alleging that the StockX NFTs featuring...more

Venable LLP

Digital Good v. Digital Receipt: The Dispute Over StockX's Use of Nike Trademarks in NFTs

Venable LLP on

In 2019, the global sneaker resale market equaled $6 billion. By 2030, some analysts predict it will top $30 billion. At the cutting edge of that growth are companies like StockX, a Detroit-based company that, along with...more

Proskauer - Blockchain and the Law

As NFTs Blur the Line Between “Receipt” and “Product”, Trademarks Owners Fight Over New Virtual Markets

Last month, our post about art NFTs and the DMCA highlighted the distinction between non-fungible tokens and the copyrighted works they represent. In the context of copyright, this dichotomy is generally uncontroversial: In...more

Morgan Lewis

NFTs: What's in Store for 2022?

Morgan Lewis on

2021 was a banner year for non-fungible token sales, which are projected to climb even higher in 2022. Selected by Collins English Dictionary as the 2021 Word of the Year, non-fungible tokens (NFTs) are unique...more

Freeman Law

Counterfeiting Under Section 2318

Freeman Law on

Counterfeit and Illicit Labels Under Section 2318 - Much like the Copyright Act, 18 U.S.C. § 2318 is a criminal statute designed to protect creative works. It prohibits knowingly trafficking in counterfeit or illicit...more

Sunstein LLP

NFTs – A Novel Challenge For Traders, Investors and Copyright Lawyers

Sunstein LLP on

Non-fungible tokens (or “NFTs”) are expanding rapidly into the mainstream in new and creative ways, behooving us to learn more about them. An NFT is a digitized, authenticated “token” that is linked to a digital asset. NFTs...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2021: Sole Mates (or Not) – Takeaways from Nike v. Satan Shoes

It was hard to escape news last month of the “Satan Shoes” collaboration between Lil Nas X and Brooklyn art collective MSCHF Product Studio (“MSCHF”). The limited (666 pairs) release of custom red and black Nike Air Max...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2021

[co-author: Joseph Diorio, Law Clerk] The April 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the suit filed by Nike over MSCHF's "Satan Shoes"; the latest PTAB decision in the ongoing battle...more

ArentFox Schiff

Meyer Decision: First Sale Remains a Savings Avenue for Importers

ArentFox Schiff on

First sale appraisement currently remains a legally viable duty savings avenue, including for transactions with vendors in NMEs. On March 1, 2021, Judge Thomas J. Aquilino, Jr. of the US Court of International Trade (CIT)...more

White & Case LLP

US Court of International Trade Suggests Customs May Reject Declared Value Based on "First Sale" Rule or "Related-Party" Prices If...

White & Case LLP on

A recent (March 1, 2021) Court of International Trade ("CIT") opinion, Meyer Corp. v. United States,1has potentially wide-ranging implications for global supply chains, because it calls into question use of the "first sale"...more

Jones Day

CIT Issues Important Decision on the Application of the "First Sale" Rule

Jones Day on

The U.S. Court of International Trade's ("CIT") decision calls into question the application of the "First Sale" rule to goods imported from China. The CIT in Meyer Corporation, U.S. vs. United States weighed in on the...more

Womble Bond Dickinson

The Sandbox Dilemma: Massachusetts Votes

Womble Bond Dickinson on

Who owns the stuff you buy? This used to seem so easy. Of course, you own the house, car, refrigerator, books, watch, shoes, pants, and everything else you bought – we always thought so. But not anymore. The companies that...more

Proskauer - Minding Your Business

Hallmark Win in Greeting Card Trademark Dispute: Court Finds Unauthorized Sale of Cards Meant for Destruction Infringing

It is generally understood that trademark law protects against a third party’s use of your mark or a confusingly similar mark to mislead consumers into thinking goods manufactured by someone else were made by your company....more

BakerHostetler

Takedown Tips for Brands Battling Unauthorized Distribution During the COVID-19 Pandemic

BakerHostetler on

The hair salons are closed – now what? During this COVID-19 pandemic, many consumers are resorting to buying hair care products online, including products such as permanent hair colorants that are designed solely for use by...more

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