By Amelia Wong
When you think of “fakes”, you think of a stroll down Canal Street in New York City, where street hustlers attempt to appeal to the public by yelling “Louis, Gucci, Rolex” at passersby, scooting potential buyers into side alleys or hidden upstairs rooms. Counterfeiting is not a recent problem, but rather has been a long-standing trend that has plagued corporations endlessly. The fashion industry specifically has taken big hits due to the legal problems of counterfeiting. A fashion law professional recently described counterfeiting efforts as “fighting a losing war,” because a fashion brand’s name is diluted once the counterfeits are accessible to the public. Read the rest of this entry »
By: Amelia Wong and Ashli Weiss*
On March 19, 2013, the United States Supreme Court decided that the “first sale” doctrine applies to copies of a copyrighted work made abroad in its Kirtsaeng v. John Wiley and Sons Inc. opinion. This holding allows a person to buy authentic luxury goods made abroad and ship them back to the United States to resell. This article briefly discusses the case law history of the “first sale” doctrine for luxury goods, effects of the Kirtsaeng decision, and proposes a solution to deter adverse results on the luxury goods industry.
The question of whether the “first sale” doctrine applies to a luxury good was addressed in 2010 by Omega SA v. Costco Wholesale Corporation. In Costco Wholesale, the Supreme Court remained split on the applicability of the first sale doctrine to imported luxury goods. At issue was whether Costco could buy Read the rest of this entry »
By: Deborah Goldman
You may have cut the cord with mommy, but the broadcasters are still holding on tight to wired technology. The latest cord-cutting television streaming service provider, Aereo, just defeated network broadcasters’ (including over-the-air networks ABC, CBS, NBC, PBS and Fox) preliminary injunction motion in the compiled Second Circuit case WNET v. Aereo. Read the rest of this entry »
By: Kameron Hillstrom
To protect and serve – and apparently violate the law. New York may want to consider adding the latter portion to its police force motto, as every officer in the state is currently in violation of the state’s new gun control statute. New York hastily passed through the NY SAFE Act in the wake of the tragedies in Newtown and Aurora. The Act prohibits the sale of large capacity magazines, and bans the use of magazines with more than seven bullets. In its rush to push the bill through, the state legislature failed to include exceptions for law enforcement officials. Though no one is likely to enforce this restriction against police officers carrying larger magazines, it highlights some of the larger issues currently being voiced regarding the Second Amendment right to bear arms. Read the rest of this entry »
By: Elaine Ding
For the first time in over forty years, the majority of Americans are now in favor of legalizing marijuana (according to a poll conducted by Pew Research Center – released on April 4, 2013). While support for marijuana legalization has slowly and steadily increased over the past twenty some odd years, the Pew poll revealed a huge surge in marijuana support recently. Most notably, over half of all Baby Boomers are now in favor of legalization, nearly doubling since 1994. These numbers are among the highest percentages ever recorded, and this dramatic change may be an indication of the preferences of society as a whole. Has the time come for the federal legalization of marijuana?
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