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Omega S.A. v. Costco Wholesale Corporation - USCA, Ninth Circuit, January 20, 2015

In Depth - Relying on Supreme Court’s decision in Kirtsaeng v. John Wiley & Sons, Inc., Ninth Circuit affirms summary judgment in favor of Costco, holding that “first sale” doctrine protects Costco from infringement...more

Let There Be Discounts! Copyrights Cannot Be Used To Control Importation Or Impair Competition

Who does not like a good discount? Well, manufacturers, like Omega, for one. Fortunately for consumers, in Omega S.A. v. Costco Wholesale Corp., (January 20, 2015, 11-57137) ___ F.3d ___, the Ninth Circuit recently affirmed a...more

Ninth Circuit (Mostly) Skirts the Issue of Copyright Misuse in Most Recent Omega v. Costco Decision

Sometimes a cigar is just a cigar, as the saying goes. However, things are not always as they appear, and sometimes events unfold in ways you would not anticipate. Such is the case with the Ninth Circuit decision in the...more

'Gray Market' Lawyer: Congress Won't Change Copyright Laws [Video]

April 9 (Bloomberg) -- Joshua Rosenkranz, head of the Supreme Court and Appellate Litigation practice at Orrick, Herrington & Sutcliffe LLP, talks with Bloomberg Law's Spencer Mazyck about obtaining a landmark victory from...more

The U.S. Supreme Court Grants Cert to Decide Scope of First Sale Doctrine

The U.S. Supreme Court has granted cert in order to decide an issue of great importance to all businesses involved in manufacturing and distributing products throughout the world, particularly those involved in retailing and...more

Parallel Imports and the First Sale Doctrine

Reprinted and/or posted with the permission of Daily Journal Corp. (2011). Under the “first sale” or “exhaustion” doctrine in intellectual property law, a lawful purchaser of a copyrighted, patented or trademarked...more

The Supreme Court Affirms Omega, S.A. v. Costco Wholesale Corp., Limiting The Use Of The First Sale Doctrine To Domestically Made...

On December 13, 2010, the Supreme Court affirmed Omega, S.A. v. Costco Wholesale Corp., 541 F.3d 982 (9th Cir. 2008), aff'd per curiam, No. 08-1423 (U.S. Dec. 13, 2010). Justice Kagan did not partake in the consideration or...more

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