News & Analysis as of

Imports Copyright

Braumiller Law Group, PLLC

Hot Topics in International Trade - February 2024 - Parallel Imports, A Global Phenomenon, And a Very Grey Area Regarding...

At the core of the definition, a Parallel import is a non-counterfeit product imported from another country without the permission of the intellectual property owner. They are also goods that are not authorized for...more

Haug Partners LLP

2023 in Review at the International Trade Commission

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Investigations pursuant to section 337 of the Tariff Act of 1930 at the United States International Trade Commission (“ITC”) determine “whether there is unfair competition in the importation of products into, or their...more

Foley & Lardner LLP

What Every Multinational Company Needs to Know About...Implementing an International Compliance Program (Part III)

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We have received several requests for a list of the compliance policies that make sense for every multinational company. So, as a follow-up to our earlier two posts providing “twelve steps to international compliance” (see...more

K2 Integrity

Sanctions Against Russia: The Week in Review - May 2022

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The Week in Review delivers the impact and analysis for the public, private, and non-profit sectors from our regular reporting of the evolving global sanctions campaign against Russia. This week, we reviewed the recent...more

Foley & Lardner LLP

The Long Arm of American Enforcement: How Companies Without U.S. Operations Can Still Find Themselves Facing U.S. Law and...

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...Think your company and its employees are beyond the reach of U.S. authorities? Maybe you don’t have U.S. operations there, or your company isn’t publicly traded on a U.S. stock exchange. Perhaps you don’t directly sell or...more

Hogan Lovells

Bi-partisan legislation would permit U.S. Customs to seize counterfeits infringing design patents

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The Counterfeit Goods Seizure Act of 2019 aims to close a loophole in the current law and provide U.S. Customs the authority to seize counterfeit goods infringing design patents....more

Bradley Arant Boult Cummings LLP

The Hobby Games Industry Needs to Up Its Game to Fight Counterfeiting - Intellectual Property News

Like many industries, the hobby games (HG) industry suffered from unprecedented counterfeiting problems in recent years. Despite steadily rising popularity, until recently HGs were not much affected by piracy and...more

Ladas & Parry LLP

USMCA – New Agreement as to The Modernization of NAFTA Comes with Key Changes Regarding U.S. IP Rights

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Late on September 30, an agreement (USMCA) was reached between the United States, Mexico and Canada which modernizes the 24 year old North American Free Trade Agreement (NAFTA)....more

Nelson Mullins Riley & Scarborough LLP

International Law Bulletin - Vol. 22, No. 8

INTERNATIONAL BUSINESS AND TRADE - Agriculture - U.S.: The Administration is seeking authorization to impose about $350 million duties in trade retaliation against Indonesia through the WTO alleging that Indonesia has not...more

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

MarkIt to Market® - July 2018

The July 2018 issue of Sterne Kessler's MarkIt to Market® newsletter discusses how to maintain rights in core trademarks as brands evolve, a reminder regarding importer and exporter liability for shipping counterfeit goods,...more

Akerman LLP - Marks, Works & Secrets

The Importance of Being Earnest and Objectively Reasonable

Kirtsaeng v. John Wiley & Sons, Inc. continues to make controlling copyright law, visiting the U.S. Supreme Court for the second time on an issue of great importance to copyright owners and litigants. This time, the issued...more

Mintz - Intellectual Property Viewpoints

ClearCorrect: ITC and Patentee Align Submit Petitions for Rehearing En Banc, Asking Federal Circuit to Reconsider Whether the ITC...

On January 27, 2016, the International Trade Commission (ITC) formally requested a rehearing en banc of a November 10, 2015, Federal Circuit panel decision in ClearCorrect Operating, LLC v. ITC. The Federal Circuit’s panel...more

King & Spalding

ITC Section 337 Update – August 2015

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En Banc Federal Circuit Upholds The Commission’s Position In Suprema – On August 10, 2015, in an en banc Opinion written by Circuit Judge Reyna, the Federal Circuit upheld the Commission’s position in Suprema, Inc. v....more

McDonnell Boehnen Hulbert & Berghoff LLP

How the Kirtsaeng Decision Could Ruin the U.S. Branded Drug Industry

The Constitution gives Congress the power to grant copyright and patent protection in the same part of Article I, specifically in Section 8, Clause 8...more

Blake, Cassels & Graydon LLP

Doing Business in Canada

This Guide provides non-Canadians with an introduction to the laws and regulations that affect the conduct of business in Canada and, in particular, in the province of Ontario. In some cases, this Guide also identifies issues...more

Buchalter

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

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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

Womble Bond Dickinson

Consumers 1, Publishers 0 in Recent Supreme Court Copyright Decision

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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

Carlton Fields

U.S. Supreme Court Applies "First Sale" Copyright Doctrine To Allow Import And Sale Of Gray Goods

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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

Foley & Lardner LLP

Copyright and Patent Implications of Supreme Court's First Sale Doctrine Ruling

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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

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Clarifies "First-Sale" Doctrine's Applicability to Copyrighted Works Manufactured Abroad

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

Akerman LLP

U.S. Supreme Court Allows Wily Gray-Market Imports

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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

McDermott Will & Emery

“First Sale” Doctrine Applies to Works Lawfully Made Abroad and Imported to the United States

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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

Fenwick & West LLP

Copyright Alert: Kirtsaeng v. John Wiley & Sons - USSC Holds First Sale Doctrine Applies to Foreign-Made Works, Limits...

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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

Morrison & Foerster LLP

Supreme Court Holds that “First Sale” Doctrine Applies to Copies of a Copyrighted Work Lawfully Made Abroad: Kirtsaeng v. John...

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

Foley Hoag LLP - Trademark, Copyright &...

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

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