I wrote about the Costco-Swatch case here. It involved a manufacturer of Swiss OMEGA watches authorizing a sale in a foreign country. The foreign authorized seller sold genuine watches to a person who then imported them into the US and sold them at Costco.
It is significant that the U.S. Supreme Court has taken on this issue of great importance to international trade. From Reuters:
U.S. top court to hear Costco-Swatch copyright case Reuters
Tuesday, April 20, 2010
Copyright Act and the First Sale Doctrine - SCOTUS to hear Costco-Swatch copyright case | Reuters
Partner in law firm Dunnington Bartholow & Miller LLP in New York City litigating in federal and state courts and arbitrations. Experienced trial and appellate practitioner. Author: Copyright Litigation Handbook (Thomson Reuters 2019-2020). The New York Law Journal called it "an indispensable guide". Board of Directors of the Fordham Law Alumni Association, former General Counsel & Director Federal Bar Association, FBA Chair of the Circuit VPs, ViP for Second Circuit. Member Board of Governors, National Arts Club. President, Network of Bar Leaders (2013-2014).
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1 comment:
If the first sale doctrine does not apply to copyrighted works bought legally from an authorized distributor abroad, doesn't that mean any tourist who sells his watch bought in Switzerland, or CD bought in Britian, or Lamoges bought in France, can be sued for copyright infringement ?
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