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Intellectual Property Protection First Sale Doctrine

Gordon Rees Scully Mansukhani

First Sale Doctrine Limitations: Key Trademark Law Considerations for Businesses

Third-party infringers are finding new ways to sell unauthorized products and profit from doing so.  As one example, the third-party seller buys products in bulk from the product owner, receiving a cheaper rate due to bulk...more

Kohrman Jackson & Krantz LLP

Protecting Your Brand: Strategies to Combat Unauthorized Resellers and Navigate First Sale Doctrine Challenges

In the ever-expanding landscape of e-commerce, the presence of unauthorized resellers can pose significant threats to a brand’s reputation and bottom line. Brands should take a proactive approach in combatting unauthorized...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2024

Thank you for reading the February 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the advertising rights of luxury resellers and important updates to the Warner Chappell Music v. Nealy...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

First Sale Doctrine – Not a Get out of Jail Free Card

It is well established that under the First Sale Doctrine luxury resellers have the right to resell genuine, pre-owned goods, and advertise them as such. But does the doctrine give merchants carte blanche in advertising...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Upcycling: A Question of Law and Optics

Great buzz resulted from the World Bank study showing that the fashion industry is responsible for about 10% of annual global carbon emissions – more than international flights and maritime shipping combined. While this news...more

Venable LLP

Nike StockX Battle Heats Up

Venable LLP on

A couple of weeks ago, we wrote an article concerning Nike's lawsuit against StockX. The original complaint primarily concerned StockX's nascent NFT program and Vault NFT offerings, alleging that the StockX NFTs featuring...more

Proskauer - Blockchain and the Law

As NFTs Blur the Line Between “Receipt” and “Product”, Trademarks Owners Fight Over New Virtual Markets

Last month, our post about art NFTs and the DMCA highlighted the distinction between non-fungible tokens and the copyrighted works they represent. In the context of copyright, this dichotomy is generally uncontroversial: In...more

Freeman Law

Counterfeiting Under Section 2318

Freeman Law on

Counterfeit and Illicit Labels Under Section 2318 - Much like the Copyright Act, 18 U.S.C. § 2318 is a criminal statute designed to protect creative works. It prohibits knowingly trafficking in counterfeit or illicit...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2021: Sole Mates (or Not) – Takeaways from Nike v. Satan Shoes

It was hard to escape news last month of the “Satan Shoes” collaboration between Lil Nas X and Brooklyn art collective MSCHF Product Studio (“MSCHF”). The limited (666 pairs) release of custom red and black Nike Air Max...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2021

[co-author: Joseph Diorio, Law Clerk] The April 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the suit filed by Nike over MSCHF's "Satan Shoes"; the latest PTAB decision in the ongoing battle...more

Sunstein LLP

January 2019 IP Update - Digital Resale: Where New Technology Stumbles Over Old Law

Sunstein LLP on

A purchaser of an article of commerce expects to be able to freely sell it regardless of any intellectual property rights that it may embody. The resale of digital files, however, runs into a special barrier that ReDigi...more

McDermott Will & Emery

Second Circuit: No First Sale Doctrine for Reproduced Digital Files

McDermott Will & Emery on

Holding that reproduction of a digital file for purposes of resale does not fall under the “first sale” doctrine of the Copyright Act, the US Court of Appeals for the Second Circuit affirmed the district court’s grant of...more

Sullivan & Worcester

Au Revoir, Droit de Suite—9th Circuit Narrows California Resale Royalty Act to a Single Year’s Sales

Sullivan & Worcester on

The idea of moral rights continues to be a notable difference between European and American intellectual property rights with respect to visual arts. Last week’s decision by the U.S. Court of Appeals for the 9th Circuit in a...more

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