Most items we own have some form of protected intellectual property contained within them. The rapid obsolescence of electronic devices brings home this point: your smart phone technology contains content, technology, software and design covered by patents, trademarks and copyright laws. The creators of this protected technology are paid a royalty when the item is sold.
This is why a sleepy United States Supreme Court case on the Justices' agenda for 2012 may create enormous legal waves.
The case of Kirtsaeng v. John Wiley & Sons involves the "First Sale Doctrine" under copyright law, which means that a royalty on the sale of an item that contains copyrighted material only occurs at the first sale, not on any subsequent sale. In other words, you can sell your used stuff without paying an additional royalty to the creator. The Kirtsaneg case challenges the First Sale Doctrine as it applies to goods made OUTSIDE the United States. Given that so many of our products, and not just electronic products, are made overseas, this case could have enormous ramifications for our economy.
Intellectual property, patents, trademarks, copyrights and trade secrets require specific legal services for your particular situation. Attorney Scott M. Amori of Amori & Associates worked in the computer field and understands the concerns of inventors and entrepreneurs.
If you would like to talk to one of our intellectual property lawyers at Amori & Associates about your idea, invention or any creative expression for a no obligation consultation, please contact us at (570) 421-1406.