The Wait For Kirtsaeng Is Over: The 2d Circuit Holds, Consistent With The 9th Circuit’s Opinion In Omega v. Costco, That The First Sale Doctrine Applies Only To Goods Manufactured In This Country

Reading Time: 5 minutes§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…Continue reading The Wait For Kirtsaeng Is Over: The 2d Circuit Holds, Consistent With The 9th Circuit’s Opinion In Omega v. Costco, That The First Sale Doctrine Applies Only To Goods Manufactured In This Country

Can We Keep Those Gray Market Goods Out of Here? The Unresolved Tension Between §§ 109 and 602 of the Copyright Act Following the 4-4 Split in Costco v. Omega

Reading Time: < 1 minute  The BNA Patent, Trademark & Copyright Journal recently published my article dealing with the aftermath of the deadlock in Costco v. Omega. The article analyzes the policy issues in…Continue reading Can We Keep Those Gray Market Goods Out of Here? The Unresolved Tension Between §§ 109 and 602 of the Copyright Act Following the 4-4 Split in Costco v. Omega

Hey, Can I Keep Those Gray Market Goods Out of Here? The Unresolved Conflict Between §§ 109(a) and 602 of the Copyright Act Following the Supreme Court’s Deadlock in Costco v. Omega

Reading Time: 11 minutesFirst, my apologies to those who want a quick fix on this issue; I have miserably failed to shorten this piece. The conflict between §§ 109(a) and 602 of the Copyright…Continue reading Hey, Can I Keep Those Gray Market Goods Out of Here? The Unresolved Conflict Between §§ 109(a) and 602 of the Copyright Act Following the Supreme Court’s Deadlock in Costco v. Omega