United States Ninth Circuit

In this copyright infringement action, plaintiff asserts that defendant infringed when it imported plaintiff's brand of luxury watches into the United States without permission. Decision of the district court granting summary judgment in favor of defendant and awarding attorneys' fees to defendant is affirmed, where: 1) under Kirtsaeng v. John Wiley & Sons, Inc., the first sale doctrine barred plaintiff's claim because plaintiff's copyright distribution and importation rights expired after an authorized first sale of the watches in a foreign jurisdiction; and 2) the district court did not abuse its discretion in awarding attorneys' fees to defendant.

Appellate Information

• Decided 01/20/2015
• Published 01/20/2015

Judges

• Nelson

Court

• United States Ninth Circuit

Counsel