Ilan Barzilay Quoted in Law360
“IP Lawyers Weigh In On High Court’s 1st-Sale Ruling”

Seyfarth Shaw Intellectual Property partner Ilan Barzilay is quoted in a March 20 Law360 article discussing the U.S. Supreme Court ruling in Kirtsaeng v. John Wiley & Sons, Inc., which said U.S. copyright owners cannot stop imports or reselling of copyrighted content which is legally sold abroad.

Ilan raises the question, “Given the Supreme Court’s Kirtsaeng decision that the first-sale doctrine applies to goods legitimately sold overseas, how can global operations stop lower priced goods intended for foreign markets from flooding into the U.S.?” He adds, “The answer was suggested by the court itself: Get Congress to change the law. If copyright holders need a stark division between U.S. and international markets, and such a division will promote the progress of science and useful arts, then the significant clout wielded by publishing organizations and other rights holders should be applied to incorporate the desired geographic limitations the Supreme Court was unwilling to read into the law. Until then, let the hand-wringing commence."