US Trade Court Hold First Sale Doctrine Inapplicable to Foreign Books

In John Wiley & Sons Inc. v. Supap Kirtsaeng et al., U.S. Court of International Trade Judge Donald C. Pogue handed down an opinion prohibiting defendant Supap Kurtsaeng from raising the first-sale-doctrine defense in an upcoming jury trial.  Publisher John Wiley & Sons Inc.’s accused Kurtsaeng of unlawfully importing and reselling textbooks in violation of various intellectual property and New York unfair competition laws.   Kurtsaeng had argued that the U.S. Supreme Court’s landmark ruling in Quality King Distributors Inc. v. L’Anza Research International – that once a U.S. copyright holder sells his goods, the first sale doctrine protects the subsequent owner from copyright infringement claims – should be extended to cover foreign-manufactured goods.  The court rejected this argument, holding that the first sale doctrine was not applicable to the foreign-printed textbooks at issue, based on the text of the Quality King ruling.

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