Quality King "first sale" defense in copyright case to be heard by Supreme Court.
This article was originally published in The Tan Sheet
Executive Summary
QUALITY KING "FIRST SALE" DEFENSE TO BE HEARD BY SUPREME COURT as the discount goods wholesaler appeals a decision made in the Pasadena, Calif. federal appeals court regarding the gray market distribution of salon hair care products manufactured by Azura, Calif.-based L'Anza Research International. In an Aug. 6 writ of certiorari, Quality King Distributors asserts that under the "first sale" doctrine in the Copyright Act of 1976, "once a copyright owner has sold a copyrighted work, the owner cannot sue a subsequent third-party reseller, such as Quality King, for infringement of the owner's exclusive distribution rights." The high court has not yet scheduled a hearing of the case.
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