Monthly Archives: March 2012

Lee Sandler, Esq., AFTA’s General Counsel, Gives Testimony To Congress

 Lee Sandler, Esq., AFTA’s General Counsel, Gives Testimony To Congress Earlier today, Lee Sandler, Esq., AFTA’s General Counsel, appeared before the House of Representatives’ Judiciary Committee to provide testimony in response to the introduction of  HR 4216, the Foreign Counterfeit more »

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What Do Warranties Have To Do With Trademark Infringement?

What Do Warranties Have To Do With Trademark Infringement?   Recent court decisions have held that differences in post-sale warranties may lead to consumer confusion and constitute trademark infringement.  Certain states, however, require retail sellers to post notices for consumers if more »

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Ever Heard of a Gray Market Conspiracy?

Ever Heard of a Gray Market Conspiracy? Oracle recently filed a lawsuit alleging that two companies violated its intellectual property as part of a “gray market” conspiracy to provide support for Oracle’s hardware. Oracle is asking for damages and an more »

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Do You Really Need to Care About ACTA?

 Do You Really Need to Care About ACTA? The Anti-counterfeiting Trade Agreement (ACTA) has been finalized and signed by over a dozen countries, including the U.S.  This treaty establishes global Intellectual Property standards and controls to better protect against trafficking in infringing more »

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FIRST SALE DOESN’T SAVE EBAY RESELLER

 FIRST SALE DOESN’T SAVE EBAY RESELLER The U. S. District Court for the Northern District of California held that the “first sale defense” was inapplicable as a defense to the plaintiff’s copyright infringement claim in Adobe Systems Incorporated v. Hoops more »

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Ever wonder what happened to the Omega v. Costco case?

 Ever wonder what happened to the Omega v. Costco case? Bottom line is that we’re probably gonna see another long appeal process. After the Supreme Court issued its non-decision in 2010 as to whether or not the first sale defense protected more »

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FIRST SALE GOES DIGITAL

 FIRST SALE GOES DIGITAL Since the Quality King v. L’Anza Supreme Court case in 1998, the secondary marketplace has been fighting to preserve the First Sale doctrine, which permits the owner of a copyrighted product to freely dispose of that more »

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WHAT DO YOU THINK?

WHAT DO YOU THINK? We wanna know what you wanna know. Tell us if there are any particular issues or concerns you may have related to the secondary marketplace and we’ll do our best to respond.  Please also take a look more »

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