Omega V. Costco And Gray Market Goods

Law360, New York (January 11, 2011, 2:22 PM EST) -- The U.S. Supreme Court is evenly divided on the propriety of resale in the U.S. market of foreign-manufactured gray market goods under the Copyright Act. Costco Wholesale Corp. v. Omega SA, 562 U.S. __, 2010 BL 294179 (U.S. Dec. 13, 2010) (No. 08-1423)(per curiam), aff’g by an equally divided court Omega SA v. Costco Wholesale Corp., 541 F.3d 982 (9th Cir. 2008).

The Supreme Court’s Dec. 13, 2010, decision is not precedential and leaves intact the Ninth Circuit’s ruling that Costco could be liable for its...
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