What’s Next with Gray Market Goods After the 4-4 Split in Costco v. Omega

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Andrew will speak at a luncheon program sponsored by the Copyright Society of the U.S.A. on March 16, 2011 on what the copyright supply chain (copyright holders, manufacturers, importers and distributors) should anticipate following the Supreme Court’s deadlock in Costco v. Omega. As a result of the deadlock we have no guidance whether gray market goods are subject to the first-sale doctrine. But as will be discussed, there are three cases dealing with this issue in the 2d Circuit that may help answer unresolved questions. His fellow panelist will be Randi Singer at Weil Gotshal. Moderating will be Beryl Jones-Woodin Professor at Brooklyn Law School.  Andrew and Randi will also talk about the recent 9th Circuit cases of Vernor v. Autodesk and UMG v. Augusto and their impact on software licensing. A program brochure is here.

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