Chester/Kubasta Lead ABA “Grey Market” Roundtable Event

Dallas, TX, March 27, 2011 --(PR.com)-- Kelly Kubasta and J. F. (Jim) Chester, senior partners in the Dallas-based intellectual property law firm of Klemchuk Kubasta LLP, recently lead a roundtable discussion about the implications of the recent Supreme Court decision in Omega, S.A. v. Costco Wholesale Corp.

Each quarter, the American Bar Association holds an “Intellectual Property Litigation Roundtable.” These lunch gatherings provide attorneys informal opportunities to discuss current issues in intellectual property law and litigation. The title of the March 9th panel, which was held at the City Club in Dallas, was: “The Intersection of International Trade and Exhaustion of IP Rights: Can Gray Market Goods Still be Imported?”

Due to the cross-over nature of this topic between international trade law and intellectual property law, the event had two facilitators with unique expertise in these areas. Kelly Kubasta’s practice includes all areas of intellectual property law, with particular emphasis on patent litigation, licensing and prosecution. Jim Chester handles commercial IP, technology transactions and international business/trade matters, and also teaches courses on International Trade Law and International Business Transactions at Baylor University Law School.

Of the event, Kubasta reports, “Our roundtable discussion explored whether manufacturers can protect their domestic markets and distribution channels by invoking protection under the U.S. Copyright or Patent Acts, and whether retailers and purchasers of foreign goods can ensure that the merchandise acquired from secondary markets do not infringe a U.S. copyright or patent.”

“This topic is very complex, and remains unsettled,” adds Chester. “A number of significant interests are lining up on either side of this subject. Absent legislative intervention, I suspect we’ll see future cases to test, or expand, the Omega decision. For instance, a similar issue has arisen with respect to importation of textbooks in the pending case of Pearson Education v. Liu.”

About Klemchuk Kubasta LLP
Klemchuk Kubasta LLP is a boutique law firm offering comprehensive intellectual property legal services, including litigation and enforcement of all forms of intellectual property as well as registration and licensing of patent, trademark, trade dress, and copyright. The firm also provides legal services relating to domain names, e-commerce, privacy policies, Internet law, commercial and business litigation, technology transactions, and international business & trade. Located in Dallas, Texas, Klemchuk Kubasta LLP supports a diverse client base that ranges from individual entrepreneurs and startups to well-established multi-national companies. Klemchuk Kubasta LLP also works with other law firms by serving as local counsel and offering specific expertise on IP issues, and coordinates with foreign counsel around the world on a variety of matters. Additional information about the firm and its attorneys may be found at www.kk-llp.com.

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