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1 results

  • 23 - First Sale and Exhaustion

  • from Part IV - Advanced Licensing Topics
  • Jorge L. Contreras, University of Utah
  • Book:
    Intellectual Property Licensing and Transactions
    Published online:
    21 June 2022
    Print publication:
    30 June 2022, pp 731-789
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  • Summary

    Chapter 23 begins with the origins of the copyright first sale doctrine (Bobbs-Merrill v. Straus), then explores this concept in the context of software licensing and sales (Vernor v. Autodesk). It next extends these principles to trademark licenses (Au-Tomotive Gold v. Volkswagen). Next, it addresses the complex history of patent exhaustion (Adams v. Burke, Qunta v. LG). The issue of conditional sales and their continuing validity is explored through Impression Products v. Lexmark, which also features in the discussion of international exhaustion. International copyright exhaustion is discussed in view of Kirtsaeng v. John Wiley. The chapter concludes with a discussion of international trademark exhaustion and gray market goods, exemplified by Nestle v. Casa Helvetia).