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BNA Headnotes
UNFAIR COMPETITION
Decision of federal appellate court is affirmed in copyright infringement action in which appellate panel held that first-sale doctrine of 17 U.S.C. §109(a) provides no defense to infringement action brought under Sections 106(3) and 602(a) that involves foreign-made, “nonpiratical” copies of U.S.-copyrighted work, unless those same copies have already been sold in United States with copyright owner's authority, and that first-sale doctrine is therefore unavailable as defense in case in which plaintiff made watches bearing copyrighted “Omega Globe Design” in Switzerland and sold them to authorized overseas distributors, and defendant resold watches in California without plaintiff's authorization.
COPYRIGHTS
[2] Rights in copyright; infringement — Right to distribute copies — First sale ►213.0903 [Show Topic Path]
Decision of federal appellate court is affirmed in copyright infringement action in which appellate panel held that first-sale doctrine of 17 U.S.C. §109(a) provides no defense to infringement action brought under Sections 106(3) and 602(a) that involves foreign-made, “nonpiratical” copies of U.S.-copyrighted work, unless those same copies have already been sold in United States with copyright owner's authority, and that first-sale doctrine is therefore unavailable as defense in case in which plaintiff made watches bearing copyrighted “Omega Globe Design” in Switzerland and sold them to authorized overseas distributors, and defendant resold watches in California without plaintiff's authorization.
PER CURIAM.