Sebastian Int'l v. Consumer Contacts
, 664 F. Supp. 909 (1988)SUBJECT:
Copyrightable material
FACTS:
Situation whereby the manufacturer sued for violating copyright of labels. The shampoo was sold cheaply to other countries. The people in those countries then sold it back to the USA for more money against the agreement that the shampoo not be resold in the USA.
Procedure:
Issue of fact.
ISSUE:
Whether labels on beauty products (shampoo) is copyrightable.
RULE:
Copyright Act of 1976 provides protection against importation of goods outside authorized channels of distribution.
HOLDING:
The District Court, Barry, J., held that: (1) Copyright Act of 1976 provides protection
against unauthorized importation of goods outside authorized channels of distribution; (2) text on container of hair product was entitled to copyright protection; and (3) manufacturer was entitled to injunction.
RATIONALE:
Text on container of hair product was more than a list of ingredients, directions or catchy phrase, and was entitled to copyright protection. Right of manufacturer to control importation of its products through unauthorized channels was not extinguished when those goods were first sold, regardless of where those goods were first sold or first manufactured.
POLICY/NOTES: