First Sale Doctrine in Copyrights and Trademarks
Strategies to Maintain IP Rights Throughout the Supply Chain
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course 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.
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
He litigates and counsels clients in high-stakes and complex commercial matters relating primarily to trademark,... | Read More
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.
CloseLynn 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.
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