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.

As one would expect, commentary on the decision has been extensive.[2] With few exceptions,[3] however, commentators attempting to predict...
To view the full article, register now.