First Sale Doctrine May Not Apply to Goods Purchased in Foreign Countries

Generally, an individual who has purchased a copyrighted book has the right to re-sell that book under the “first sale doctrine” of the Copyright Act. The Supreme Court may soon refine the boundaries of the first sale doctrine, limiting it to purchases made within the US.  Thai student resold textbooks originally purchased in Thailand.   AContinue reading “First Sale Doctrine May Not Apply to Goods Purchased in Foreign Countries”

Publicity Rights Held to Expire 50 Years After Death

General Motors recently ran an ad featuring the head of Albert Einstein placed on a very masculine body with the quote “ideas are sexy too.”  The Hebrew University, owner of the rights, filed suit against GM claiming infringement.  The court held that rights of publicity expire fifty years after the individual’s death. CLICK HERE FORContinue reading “Publicity Rights Held to Expire 50 Years After Death”

3D Printers and Emerging IP Issues

3D printers allow users to create a multitude objects out of a wide range of materials. If you can create a computer model of the object, you can print it. A growing number of people are sharing modeling files and using printers to create three dimensional objects… protected designs, machine components, and even records withContinue reading “3D Printers and Emerging IP Issues”

Is it Legal to Resell Your Digital Music?

ReDigi has created software that purports to remove old digital music files from the user’s equipment and then allow that user to resell these files through ReDigi’s on-line marketplace.  Capitol Records filed suit against the company in 2012 claiming copyright infringement.   The first sale doctrine seems to suggest that a purchased copy can be legallyContinue reading “Is it Legal to Resell Your Digital Music?”

Theft of Trade Secrets Act Signed into Law

 On December 28th, President Obama signed the Theft of Trade Secrets Act into law (18 U.S.C. §§ 1831-39).  This act amends the Economic Espionage Act of 1996 (EEA) and grants federal courts much broader jurisdiction over trade secret misappropriation cases. In the past, state laws governed trade secret protection and federal jurisdiction was only grantedContinue reading “Theft of Trade Secrets Act Signed into Law”

Trade Secret Protection

Two recent trade secret decisions held that products and processes comprised of a combination of components qualify for trade secret protection even if the individual components are in the public domain.  Trade secret protection may be available if the combination of these elements is not readily known or easily ascertainable.   CLICK HERE FOR FULL ARTICLE

The Trouble with Patent Trolls

A growing number of companies are amassing enormous IP portfolios, often purchasing patents from underfunded inventors. Those in the warehouse patent business generally have no intention of bringing these inventions to market; they profit through licensing and litigation.  Oftentimes the purchased patents have overly broad claims, allowing these “patent trolls” to bully would-be infringers intoContinue reading “The Trouble with Patent Trolls”

Using the International Trade Commission to Protect your Intellectual Property

The International Trade Commission (ITC) is a valuable resource in preventing the importation of counterfeit goods.  While the ITC cannot award damages, they can issue exclusion orders that will keep infringing products out of the United States.  These orders are generally much easier to obtain than court ordered injunctions.