Texas Trademark Lawyer Tamera Bennett

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Promo CDs Can Be Sold

by Tamera H. BennettJune 18 2008

On June 10, a federal district court in Los Angeles denied Universal Music Group's motion for summary judgment, requesting the court to find the defendant, Troy Augusto,  liable for copyright infringement for offering for resale and selling CDs marked as "promo copies not for resale."

The court held that promo CDs are a gift under federal law and Universal had no intent to regain possession of the CDs.

The court found no act of copyright infringement occurred.

Read more on BillboardRead the order here.

UPDATE: Universal filed an appeal.  Read the appeal here.