New CA9 case: Importation right vs. first sale doctrine

   Parfums Givenchy, Inc. v. Drug Emporium, Inc., 1994 WL 575767 (CA9 Oct. 21) reaffirms that sec. 602 (the exclusive importation right) bars unauthorized importation of lawfully made copies, even though sec. 109(a) (the first sale doctrine) would normally permit resale of such copies.

   CA9 had already held this in BMG Music v. Perez, 952 F. 2d 318, 319 (1991); this case reaffirms the holding in the face of various attempts to distinguish it.

   Not overwhelmingly important, but I thought I'd mention it. As I understand it, there's been a bit of conflict about the interaction of 602 and 109(a).

• Eugene Volokh, UCLA Law <volokh[_at_]law.ucla.edu>