Houston Principal Joshua Newcomer presented alongside Kenneth Misbin of the USPTO on “Gray Market Goods in the Age of Kirtsaeng: First Sale, Material Differences, and Modern Enforcement Strategy” at 64th Annual Conference on Intellectual Property Law hosted by The Center for American and International Law. Joshua and Kenneth discussed how the Supreme Court’s decisions in Kirtsaeng v. John Wiley & Sons, Inc. and Impression Products v. Lexmark narrowed copyright and patent protections, leaving trademark law as the primary safeguard against parallel imports, and outlined the key trademark protections market participants should know.
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