9th Circ. Revives Omega's Copyright Spat With Costco

Law360 (September 4, 2008, 12:00 AM EDT) -- In a reversal of a lower court decision, an appeals court on Wednesday held that the first sale doctrine did not protect Costco Wholesale Corp. from allegations it infringed Omega SA's copyright by selling the Swiss-made watches in California without authorization.

Judges Barry G. Silverman, Johnnie B. Rawlinson and Milan D. Smith Jr. of the U.S. Court of Appeals for the Ninth Circuit determined that Costco could not claim first sale protection because Omega’s watches were made in Switzerland rather than domestically, and were never cleared...
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