Today Mr. Kirtsaeng asked for en banc review of the 2-1 majority opinion by the 2d Circuit in a copyright infringement case brought by John Wiley holding that the first sale doctrine is inapplicable to goods made abroad even if they were imported into the U.S. with the permission of the copyright holder. The petition is here…
§602 (a)(1) Trumps the First Sale Doctrine
The cloud lingering over the gray market industry since the Supreme Court split 4-4 in Costco just got a lot darker. Gray market goods are those made by the copyright holder abroad and then imported into this country without the permission of the copyright holder. Just last week it seemed the …
Andrew will be a panelist in a program sponsored by the New York County Lawyers’ Association on brand protection. The program will be held on September 13 at the Association’s Auditorium at 14 Vesey Street, 2nd Floor in N.Y. Other panelists are Sarah Feingold, general counsel at Etsy, Inc. and James Grimmelman, Associate Professor …
The huge gray market industry, disappointed with the Supreme Court’s 4-4 split in Costco v. Omega, has been hoping for better news from the 2nd Circuit. They keep waiting and hoping.
Different panels of the 2nd Circuit have now heard argument in three cases raising identical issues to those raised but not decided in …
Here is the 3rd and final post of my conversation with Judith Finell on the role musicologists play in copyright infringement disputes.
In Part 1 of that conversation, which is here, Judith explains the on-the-job training musicologists need to be effective in this forensic activity and the issues musicologists deal with before music is released and …
As I suggested in Part 1 of my conversation with Judith Finell, even most copyright lawyers have little idea of the role musicologists play in resolving copyright infringement disputes. In Part 1 of that conversation, which is here, Judith helps dispel the mystery. She explained the on-the-job training musicologists need to be effective in this forensic …