First Sale Doctrine in Copyrights and Trademarks
Strategies to Maintain IP Rights Throughout the Supply Chain
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Wednesday, September 1, 2010
Recorded event now available
This CLE webinar will provide guidance on understanding the first sale doctrine for counsel to companies in the supply chain. The panel will discuss when and where the doctrine applies, recent case law developments, and effective approaches to protect IP rights.
Description
While the first sale doctrine may appear straightforward, recent court decisions have questioned its application. The doctrine protects the resale of copyrighted or trademarked goods. However, if there is a likelihood of confusion, it will not apply.
Copyright owners have the right to prevent infringing goods from being imported into the U.S., but lawful purchasers of copyrighted goods have the right to resell those goods. The location of the goods' manufacturer can make the difference in determining which party controls the fate of the goods.
U.S. companies frequently manufacture their goods overseas and have discovered that practice can lead to unanticipated results when it comes to the first sale doctrine.
Listen as our authoritative panel of IP attorneys examines the first sale doctrine, discusses recent developments in the case law, and outlines when and where the doctrine applies. The panel will offer their insights and guidance on best practices for protecting IP rights.
Outline
- First sale doctrine recent developments
- Competing interpretations of section 109(a)
- Omega v. Costco Wholesale Corp. (9th Cir. 2010)
- Au-Tomotive Gold Inc. v. Volkswagen of America Inc. (9th Cir. 2010)
- Pearson Education Inc. v. Liu (SDNY 2009)
- Application of the first sale doctrine
- When and where it applies
- Triggers that can result in loss of protection under First Sale doctrine
- Post-sale confusion and free-rider
- Best practices for protecting IP rights
- Policing copyrights and trademarks
- Use of disclaimers
Benefits
The panel will review these and other key questions:
- When and where does the first sale doctrine apply?
- What rule controls when copyrighted or trademarked goods are purchased outside the U.S. and then imported?
- What steps can companies and counsel take to strengthen the first sale defense?
Faculty
Andrew P. Bridges,
Partner
Winston & Strawn, San Francisco
He litigates and counsels clients in high-stakes and complex commercial matters relating primarily to trademark, copyright, advertising, consumer protection, unfair competition, trade secrets, media, Internet regulation, and e-commerce law. He was lead counsel in notable intellectual property cases, including the defense of Google in Perfect 10 v. Google and Perfect 10 v. Amazon.com.
Lynn M. Humphreys,
Of Counsel
Morrison & Foerster LLP, San Francisco
She focuses her practice on intellectual property counseling and litigation involving trademark, copyright, advertising, unfair competition, and Internet issues. Her practice includes counseling clients from start-ups to large corporations on the selection, protection, registration, enforcement, and acquisition or disposition of trademarks and copyrights in the U.S. and internationally.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, GA, MO, MT, TX, VT, WA.
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(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
Available 24 hours after the live event
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Available three business days after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, GA, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
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plus $9.45 S&H
Available ten business days after the live event
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CLE on Live Webinar
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Program Materials
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Program Materials
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Customer Reviews
Convenient and well-organized. Well-run program.
Michael V. Kruljac
IMERYS
The program was very to the point — no fluff.
Brian McNamara
Wright Lindsey & Jennings
Very concise - provided what was needed, yet also included many examples, thoughts and ideas.
Ron Keith
Skilled Care
Very good. Gave me exactly what I wanted. The questions I emailed in were handled thoroughly.
James J. Long
Briggs & Morgan
The panelists covered the topic well and in depth.
Andrea Mealey
Edwards Angell Palmer & Dodge
Intellectual Property Law Advisory Board
Shareholder
Winthrop & Weinstine
Partner
Fulbright & Jaworski
Partner
Winston & Strawn
Partner
Antonelli Terry Stout & Kraus
Partner
Mayer Brown
Partner
Duane Morris
Partner
Reed Smith
Partner
Gibson Dunn & Crutcher
Partner
Holland + Knight
Partner
McDermott Will & Emery
Partner
Orrick
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