Just a few weeks after the Ninth Circuit ruled in a case featuring Costco’s sale of imported Omega watches that the first sale doctrine does not apply to imported goods, another ruling this week from the Second Circuit more forcefully confirms this conclusion – and this time it involves book sales. In a 2-1 decision, the court said Supap Kirtsaeng violated Wiley’s copyrights when he sold cheap foreign editions of the publishers’ textbooks in the US because first sale doctrine does not apply to books sold outside of the country. Any other conclusion would undercut a law already on the books […]
Legal
Class Action Lawsuits Against Apple and Agency Publishers Proliferate
When the Seattle law firm Hagens Berman filed suit against Apple and publishers Hachette, Macmillan, HarperCollins, Penguin, and Simon & Schuster last week, they specifically sought media coverage–and got it. Without press releases, what was missed was that four additional suits, all seeking to be part of a larger class action, were filed in federal courts in New York and California between August 10 and August 12. Across the various suits, Random House, Amazon and Barnes & Noble all get added to the legal feasting as well. As you may surmise, each of these suits works off the same logic […]
‘Elf On the Shelf’ Publishers Sue Adams Media Over Parody
CCA and B, LLC, which publishes the holiday book ELF ON THE SHELF, appear to be unamused at the prospect of a parody due for publication on October 18 by Adams Media, so much so they are suing the company – as well as editor Brendan O’Neill, publicist Beth Gissinger, designer Jessica Faria, and parent company F+W Media – in Georgia District Court. According to the 19-count complaint filed on June 24, Adams’ ELF OFF THE SHELF: A Christmas Tradition Gone Bad, infringes on CCA and B’s trademarks, copyright, and domain name, and they seek both a jury trial and […]
Borders Gets Court Approval On Auctions for Intellectual Property and Real Estate Leases
Borders received approval from federal bankruptcy court Wednesday to auction its name (as well as the brand names of once-operational subsidiaries Waldenbooks and Brentano’s), trademarks, website, and email lists on September 14, Reuters reported. Borders has enlisted Streambank to manage the sale of Borders’ intellectual property assets, with the firm’s principal David Peress noting in a statement that in addition to its marks and e-commerce assets, “Borders is the holder of a contiguous block of IPv4 addresses which it seeks to transfer to a qualified buyer.” A stalking horse bidder for the IP assets will be named in advance of […]
An Unblurred Photo Pits Random House Against the CIA
In 2005, Random House Inc. imprint Presidio Press published onetime CIA agent Gary Schroen’s First In: An Insider’s Account of How the CIA Spearheaded the War on Terror in Afghanistan to some fanfare and minimal controversy. For four years, and for three different editions, that’s how things remained. Then the mass market edition unblurred a photo of covert CIA agent John Peppe, who was involved in one of the agency’s Afghanistan missions, that was originally blurred in the hardcover, ebook and trade paper editions. That one change by the publisher set off an odyssey of lawsuits, accusations of invasion of […]
Corporate News: Macmillan Fined on Africa Contracts Fraud; Nebraska Book Company Bankruptcy Approved
The UK’s Serious Fraud Office fined Macmillan $18.3 million over illegal payments made by its education division to secure contracts in East and West Africa between 2002 and 2009. Macmillan said a report had identified “concerns over receipts from certain contracts” by its Education unit in Rwanda, Uganda and Zambia. The company settled with the World Bank last year over a similar situation in Southern Sudan. “We will not tolerate any form of potentially unlawful behavior,” Macmillan ceo Annette Thomas said in a statement. “Fortunately, it has been established that these issues were confined to a limited part of our […]