Post-Kirtsaeng, Trademark Law Can Still Stop Gray Goods
April 4, 2013, 12:24 PM EDT
Law360, New York (April 4, 2013, 12:24 PM EDT) -- The U.S. Supreme Court’s recent ruling in Kirtsaeng v. John Wiley & Sons 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. With few exceptions, however, commentators attempting to predict...