Pearson Education, Inc. v. Kumar

523 F. App'x 16

• Court: Court of Appeals for the Second Circuit
• Decided: June 20, 2013
• Docket: 10-2610-cv
• Status: Unpublished

Opinion

SUMMARY ORDER

On September 19, 2011, we summarily affirmed the district court’s grant of summary judgment in favor of plaintiffs in this case. See Pearson Educ., Inc. v. Yadav, 452 Fed.Appx. 11 (2d Cir.2011) (summary order). The Supreme Court subsequently vacated the judgment of this court, see Kumar v. Pearson Educ., Inc., — U.S. -, 133 S.Ct. 1631, 185 L.Ed.2d 614 (2013), and remanded the case for further consideration in light of Kirtsaeng v. John Wiley & Sons, Inc., — U.S. -, 133 S.Ct. 1351, 185 L.Ed.2d 392 (2013) (holding first sale doctrine applicable to copies of copyrighted works lawfully made abroad).

It is evident — and neither party disputes — that Kirtsaeng requires vacatur of the district court’s judgment entered on May 27, 2010, as to plaintiffs’ copyright claim. Accordingly, the judgment of the district court is VACATED and the case REMANDED with directions to enter judgment in favor of defendants on plaintiffs’ copyright infringement claim. No appeal having been filed from that part of the district court’s judgment entered on August 24, 2010, after trial on plaintiffs’ trademark and unfair competition claims, we leave that judgment undisturbed.