John Wiley & Sons, Inc. v. Kirtsaeng

Docket Number: 09-4896
Judge: Cabranes
Opinion Date: August 15, 2011

Plaintiff sued defendant, claiming, among other things, copyright infringement under 17 U.S.C. 501, trademark infringement under 15 U.S.C. 1114(a), and unfair competition under New York state law. At issue was whether the first sale doctrine, 17 U.S.C. 109(a), applied to copyrighted workers produced outside the United States but imported and resold in the United States. The court held that the first sale doctrine did not apply to works manufactured outside of the United States; the district court did not err in declining to instruct the jury regarding the unsettled state of the first sale doctrine; and the district court did not err in admitting evidence of defendant’s gross revenues. Accordingly, the judgment of the district court was affirmed. View “John Wiley & Sons, Inc. v. Kirtsaeng” on Justia Law

View "John Wiley & Sons, Inc. v. Kirtsaeng" on Justia Law