Intellectual Property
Nov. 15, 2011
Overseas markets create debate over first sale doctrine
Debate over application of the first sale doctrine may reach the U.S. Supreme Court again. By Timothy J. Toohey and Keith M. Gregory of Snell & Wilmer LLP
Under the "first sale" or "exhaustion" doctrine in intellectual property law, a lawful purchaser of a copyrighted, patented or trademarked product may generally use or resell the product without fear of being subject to an infringement lawsuit. The owner of the intellectual property rights is said to have "exhausted" her rights to the work with the first sale and generally cannot pr...
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