First Sale Doctrine After Costco v. Omega
Protecting IP Rights in the Gray Market and in Electronic Distribution
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to IP counsel to companies in the supply chain to understand the first sale doctrine. The panel will discuss recent case law developments, analyze when and where the doctrine applies, and outline effective approaches to protect IP rights.
Outline
- First sale doctrine recent developments
- Omega v. Costco Wholesale Corp. (U.S. 2010)
- Augusto v. UMG (9th Cir. 2011)
- Vernor v. Autodesk (9th Cir. 2010)
- Electronic distribution and the First Sale doctrine
- Best practices for protecting IP rights
- Policing copyrights and trademarks
- Use of disclaimers
- Due diligence requirements
Benefits
The panel will review these and other key questions:
- How do recent decisions impact the application of the first sale doctrine?
- When and where does the first sale doctrine apply?
- What steps can companies and counsel take to strengthen the first sale defense?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Lynn M. Humphreys
Of Counsel
Morrison & Foerster
She focuses her practice on intellectual property counseling and litigation involving trademark, copyright,... | Read More
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.
CloseDavid A. Donahue
Partner
Fross Zelnick Lehrman & Zissu
He litigates all manner of copyright, trademark, unfair competition, right of publicity and related commercial matters.... | Read More
He litigates all manner of copyright, trademark, unfair competition, right of publicity and related commercial matters. He also negotiates and drafts commercial agreements relating to intellectual property matters, including intellectual property licenses, services agreements, and coexistence agreements.
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