Costco Wholesale v Omega S.A.

Costco 4-4 Affirmance of No International Exhaustion


In a 4-4 split, the Supreme Court issued a per curiam affirmance of the Ninth Circuit's holding that a retailer does not have a right to buy overseas a copyright-protected consumer item and bring that item to the U.S. for re-sale without the copyright owner's consent. In other words, there is no international copyright exhauastion. Consideration of this issue would have shed some light on international patent exhaustion, as well.

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Reference Info:Decision | Federal, U.S. Supreme Court | United States

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