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  5. 847 F.2d 1093 (1988)
 

SEBASTIAN INTERN., INC. v. CONSUMER CONTACTS (PTY) LTD.

No. 87-5439.

847 F.2d 1093 (1988)

SEBASTIAN INTERNATIONAL, INC. v. CONSUMER CONTACTS (PTY) LTD., d/b/a 3-D Marketing Services, Hiltexan Ltd., Fabric Limited, Quality King Manufacturing, Inc. and Quality King Distributors, Inc. Appeal of HILTEXAN LTD. and Fabric Limited.

United States Court of Appeals, Third Circuit.

Decided May 25, 1988.

Attorney(s) appearing for the Case

Ina B. Lewisohn (argued), Melvin Greenberg, Steven D. Scharfetter, Greenberg, Dauber & Epstein, Newark, N.J., for appellants Fabric Limited and Hiltexan Ltd.

Robert A. Weiner (argued), David B. Wechsler, Berger & Steingut, New York City, Shanley & Fisher, Morristown, N.J., for appellee Sebastian Intern., Inc.

Weil, Gotshal & Manges, New York City (R. Bruce Rich, Stuart D. Levi, of counsel), Thomas J. Donegan, Jr., Marsha W. Gardner, The Cosmetic, Toiletry and Fragrance Ass'n, Inc., Washington, D.C., for amicus curiae The Cosmetic, Toiletry and Fragrance Ass'n, Inc.

John B. McCrory, Nixon, Hargrave, Devans & Doyle, Washington, D.C., for amicus curiae The Coalition For Competitive Imports.

Before GIBBONS, Chief Judge, WEIS and GREENBERG, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.*

This case comes to us in the guise of an alleged copyright infringement but, in reality, is an attempt by a domestic manufacturer to prevent the importation of its own products by the "gray market." We conclude that, having sold its goods with copyrighted labels to foreign distributors, the manufacturer is barred by the first sale doctrine from establishing infringement through an unauthorized...

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