Post-Kirtsaeng, Trademark Law Can Still Stop Gray Goods
Law360, New York ( April 4, 2013, 12:24 PM EDT) -- The U.S. Supreme Court's recent ruling in Kirtsaeng v. John Wiley & Sons[1] is no trivial event for stakeholders in content-reliant industries. The upshot of the court's decision — that the Copyright Act cannot be used to prevent the unauthorized importation of copies of works (even if manufactured abroad) whose "first sale" has already occurred — will undoubtedly throw a wrench into many companies' existing business models....
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