News & Analysis as of

Private Resales

The Coty Case – The CJEU rules in favour of selective distribution networks against third-party online platforms

by Dentons on

In the long-awaited Coty ruling, the Court of Justice of the European Union has confirmed that luxury brands may restrict distributors in a selective distribution network from selling their goods through third-party online...more

Suppliers of luxury goods can prohibit their selective distributors from selling these products via third-party online platforms

by White & Case LLP on

The European Court of Justice held in Coty that a manufacturer operating a lawful selective distribution system for luxury goods is allowed to prohibit its authorised distributors from selling those goods on third-party...more

Coty Case: Luxury Brands Can Restrict Online Sale via Marketplaces Such as Amazon

by Shearman & Sterling LLP on

On 6 December 2017, the European Court of Justice (“the Court”) handed down its preliminary ruling in the Coty case confirming that a manufacturer operating a selective distribution system of luxury goods is allowed to...more

SEC Staff Issues Guidance Affecting the Registration of Securities for Resale on Form S-3

by Proskauer Rose LLP on

The staff of the Securities and Exchange Commission recently issued interpretive guidance relating to the registration of the resale of shares sold to an investor pursuant to a private placement, if the issuer concurrently...more

Newsletter: May 2016

Pleading Common Law Fraud Under Rule 9(b): Conflicting Circuit Court Interpretations - Federal Rule of Civil Procedure 9(b) prescribes the standards for pleading a common law fraud claim. The Rule states that “[i]n...more

May 2016: Patent Litigation Update

District Court Rules Non-Public Sales or Offers for Sale No Longer Apply to the “On-Sale” Bar Under the AIA. The on-sale statutory bar is a limitation on patentability that prohibits an inventor from obtaining a patent, when...more

Certain Provisions of California Resale Royalty Act Are Preempted by the Copyright Act

by Wilson Elser on

On April 11, 2016, in Estate of Robert Graham, et al. v. Sotheby’s, Inc., D.C. No. 2:11-cv-08604-MWF-FFM (C.D. Cal. 2016), U.S. District Court Judge Michael Fitzgerald concluded that certain provisions of the California...more

California Resale Royalty Act Claims Dismissed as Preempted by Copyright Law, Despite 1980 Ninth Circuit Holding to the Contrary

by Sullivan & Worcester on

Just three months after the Supreme Court denied certiorari review of last year’s Ninth Circuit decision finding California’s Resale Royalty Act unconstitutional under the Dormant Commerce Clause in part—but also valid in...more

The New Section 4(a)(7): More Than a Codification of Section “4(a)(1½)”

by Mintz Levin on

On December 4, 2015, the Fixing America’s Surface Transportation Act (the “FAST Act”) was signed into law by President Obama. Although the FAST Act is primarily a transportation bill, buried in this legislation is a new...more

The FAST Act, New Section 4(a)(7), and Section 4(a)(1½)

by Morgan Lewis on

The new private resale safe harbor is unlikely to gain traction in private offerings of asset-backed securities. On December 4, 2015, US President Barack Obama signed into law the Fixing America’s Surface Transportation...more

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