Keeping Time — Omega V. Costco

Law360, New York (October 6, 2010, 1:41 PM EDT) -- In 2008, the U.S. Court of Appeals for the Ninth Circuit reversed a California district court decision, holding in Omega SA v. Costco Wholesale Corp. that copyright “first-sale” doctrine does not apply to goods manufactured abroad.

In Omega, defendant Costco had purchased authentic Omega watches at discount prices from a foreign distributor and imported them for resale in the U.S.

Plaintiff Omega alleged, and the Ninth Circuit agreed, that such an unauthorized importation and sale of its goods amounted to copyright infringement.

This holding could have...
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