Archive for the ‘Gray Market’ tag
So You Can’t Resell Your Gray Market Imports…
The 9th Circuit Court of Appeals has ruled that the First Sale Doctrine does not apply to goods copyrighted for sale abroad that are gray marketed back into the United States. The trick is in interpretation of origin of manufacture, IE “lawfully made under this title” translates into “legally made and sold in the United States.” While it is legal to resell imported goods, the first sale doctrine only applies if they were originally made and sold in the United States. There is no doubt in my mind that the Supreme Court will have to review it since this is a wide reaching reinterpretation of “lawfully made under this title.” Read the rest of this entry »
