David Gryce's IP BlogA deer in the headlights. That is how one may feel when crafting a transaction to take a business into a new market, negotiating a myriad of details and looking to finalize the transaction documents, only to find someone else has acquired the intellectual property needed to support the expansion. Take international distribution agreements and [...]
Look out, importers of “grey-market goods!” The Second Circuit is slamming the door! On August 15, 2011, the Second Circuit issued its opinion in John Wiley & Sons, Inc. v. Kirtsaeng, Docket No. 09-4896-cv. The opinion interprets the phrase “lawfully made under this title” in Section 109(a) of the U.S. Copyright Act to refer to copyrighted [...]
On August 3, 2011, the Ninth Circuit eliminated a seminal presumption upon which copyright claimants have relied for years. Prior to August 3, a showing of a likelihood of success on the merits of a copyright infringement claim triggered a presumption of irreparable harm in support of a request for preliminary injunctive relief. In Perfect 10 v. [...]
