Costco Argues Omega Engaged In Copyright Misuse

Law360, San Diego (July 15, 2011, 5:20 PM EDT) -- Following a U.S. Supreme Court split decision against Costco Wholesale Corp., the retailer urged a California federal court Thursday to find that Omega SA wrongly asserted its copyright as an anti-competitive tool to control importation of its noncopyrightable watches.

The dispute between the parties returned to the district court after the high court in December issued a 4-4 decision, letting stand the Ninth Circuit’s decision that the first-sale doctrine did not protect Costco from allegations it infringed Omega’s copyright by selling Swiss-made luxury watches in the U.S. without Omega's permission.

In its summary judgment motion, Costco claimed Omega’s conduct in using...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!