Strategies to Maintain IP Rights Throughout the Supply Chain

A live 90-minute CLE webinar/teleconference with interactive Q&A
Sponsored by the Legal Publishing Group of Strafford Publications
Wednesday September 1, 2010 ~ 1:00pm-2:30pm EDT
Price: $297

Please note: You will be taken to the Strafford website to complete your order.

This CLE webinar will provide guidance on understanding the first sale doctrine for counsel to companies in the supply chain. The panel will discuss when and where the doctrine applies, recent case law developments, and effective approaches to protect IP rights.

Description

While the first sale doctrine may appear straightforward, recent court decisions have questioned its application. The doctrine protects the resale of copyrighted or trademarked goods. However, if there is a likelihood of confusion, it will not apply.

Copyright owners have the right to prevent infringing goods from being imported into the U.S., but lawful purchasers of copyrighted goods have the right to resell those goods. The location of the goods’ manufacturer can make the difference in determining which party controls the fate of the goods.

U.S. companies frequently manufacture their goods overseas and have discovered that practice can lead to unanticipated results when it comes to the first sale doctrine.

Listen as our authoritative panel of IP attorneys examines the first sale doctrine, discusses recent developments in the case law, and outlines when and where the doctrine applies. The panel will offer their insights and guidance on best practices for protecting IP rights.

Outline

1. First sale doctrine recent developments
   • Competing interpretations of section 109(a)
   • Omega v. Costco Wholesale Corp. (9th Cir. 2010)
   • Au-Tomotive Gold Inc. v. Volkswagen of America Inc. (9th Cir. 2010)
   • Pearson Education Inc. v. Liu (SDNY 2009)
2. Application of the first sale doctrine
   • When and where it applies
   • Triggers that can result in loss of protection under First Sale doctrine
   • Post-sale confusion and free-rider
3. Best practices for protecting IP rights
   • Policing copyrights and trademarks
   • Use of disclaimers

Benefits

The panel will review these and other key questions:

• When and where does the first sale doctrine apply?
• What rule controls when copyrighted or trademarked goods are purchased outside the U.S. and then imported?
• What steps can companies and counsel take to strengthen the first sale defense?

Following the speaker presentations, you’ll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Lynn M. Humphreys, Of Counsel
Morrison & Foerster LLP, San Francisco
She focuses her practice on intellectual property counseling and litigation involving trademark, copyright, advertising, unfair competition, and Internet issues. Her practice includes counseling clients from start-ups to large corporations on the selection, protection, registration, enforcement, and acquisition or disposition of trademarks and copyrights in the U.S. and internationally.

Additional faculty to be announced.

Register Today!
Price covers an unlimited number of staff at your office location. Can’t participate in the live seminar? A CD of the full event proceedings, including Q&A and PDF files of all handouts, will be available 10 days after the seminar.

Continuing Legal Education
Continuing Legal Education credits are granted for an additional $65 per person. Please refer to the options on the order page to take advantage of these credits.

Please note: You will be taken to the
Strafford website to complete your order.