2012
Akron Intellectual Property Journal
Authored by Patrick J. Coyne
Straus’ first sale doctrine has survived numerous attacks seeking to limit its scope. The most recent is the Ninth Circuit’s decision in Omega, S.A. v Costco Wholesale Corp. In a prior assault on the first sale doctrine, in Quality King v. L’Anza, the U.S. Supreme Court held that a product bearing a copyrighted work that was made by the copyright owner in the United States, exported, and re-imported into the United States, nonetheless, was subject to the first sale doctrine. Justice Stevens’ wide-ranging opinion resolved this issue but drew criticism that it was too wide-ranging.
This article by Finnegan partner Patrick J. Coyne, presents the case for two alternative results:
To read the full article, click here.
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