The Central District of California granted summary judgment in UMG Recordings, Inc. v. Troy Augusto, No. CV 07-03106. (SJO), regarding the legality of reselling promo CDs. Mr. Augusto acquired promo CDs and resold them on eBay, which Universal alleged infringed their copyright due to the following language placed on the CDs:
This CD is the property [...]
Filed under: 2008 Copyright Cases, Copyright, First Sale Doctrine, Infringment Cases | No Comments »
UMG v. Augusto, Case No. 2:07-cv-3106 SJO (AJWx) in the U.S. District Court for the Central District of California, Western Division. Pending.
UMG complaint for copyright infringement [PDF, 4.3MB] May 10, 2007
Augusto answer and counterclaim [PDF, 54K] Aug 6, 2007
Some background - Augusto collects up all those promo only CDs that record labels send [...]
Filed under: 2007 Copyright Cases, Copyright, First Sale Doctrine, Infringment Cases | 1 Comment »
Evan over at InternetCases.com points to the case of Merle Norman Cosmetics v. Labarbera, summing up the case thusly:
Labarbera moved to dismiss under FRCP 12(b)(6), arguing that the “first sale doctrine” protected her right to resell products she had lawfully acquired in the stream of commerce. Merle Norman responded that the first sale doctrine should not [...]
Filed under: 2007 Copyright Cases, 2007 Trademark Cases, Copyright, First Sale Doctrine, Unfair Competition | No Comments »
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