Thursday, February 9, 2012

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Supreme Court Grants Certiorari in Challenge to First Sale Doctrine on Foreign-Made Goods

Against the recommendation of U.S. Solicitor General and prospective high court nominee, Elena Kagan, the U.S. Supreme Court April 19 granted the petition for writ of certiorari in a case testing the limits of the first sale doctrine in copyright law with respect to sales of foreign-made copies ( Costco Wholesale Corp. v. Omega S.A., U.S., No. 08-1423, cert. granted 4/19/10 ).

Though the SG’s brief acknowledged the “potentially troubling” implications of a result that favors overseas production of…

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