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Costco Wholesale Corp. v. Omega, S.A., 562 U.S. 40, 131 S. Ct. 565, 178 L. Ed. 2d 470, 96 U.S.P.Q.2d 2025, 2010 ILRC 3227, 32 ITRD 1896, 79 U.S.L.W. 4013 (2010), Court Opinion
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OPINIONS
Costco Wholesale Corp. v. Omega, S.A.
131 S. Ct. 565
178 L. Ed. 2d 470
2010 BL 294179
562 U.S. 40
79 U.S.L.W. 4013
96 U.S.P.Q.2d 2025
bna 2010 ilrc 3227
bna 32 itrd 1896
bna a0c5r0k7h2
bna a0c6d8t5t6
bna a0c6r3k4r6
bna a0d3m2g4n5
bna a0d4h3x8x3
bna decref68831
wkuscase:24493210

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USReport,
562 U.S. 40
131 S. Ct. 565
178 L. Ed. 2d 470
96 U.S.P.Q.2d 2025
08-1423
2010 BL 294179
2010 ILRC 3227 32 ITRD 1896 79 U.S.L.W. 4013
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*U.S.

Opinion >

 

Supreme Court of the United States


COSTCO WHOLESALE CORPORATION, PETITIONER v. OMEGA, S. A.


No. 08-1423.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT.

December 13, 2010. [*41]

BNA Headnotes
International Trade Reporter
UNFAIR COMPETITION
[1] Unfair methods of competition — Types of unfair acts — Copyrights ►54.0551 [Show Topic Path]
Decision of federal appellate court is affirmed in copyright infringement action in which appellate panel held that first-sale doctrine of 17 U.S.C. §109(a) provides no defense to infringement action brought under Sections 106(3) and 602(a) that involves foreign-made, “nonpiratical” copies of U.S.-copyrighted work, unless those same copies have already been sold in United States with copyright owner's authority, and that first-sale doctrine is therefore unavailable as defense in case in which plaintiff made watches bearing copyrighted “Omega Globe Design” in Switzerland and sold them to authorized overseas distributors, and defendant resold watches in California without plaintiff's authorization.
U.S. Patents Quarterly
COPYRIGHTS
[2] Rights in copyright; infringement — Right to distribute copies — First sale ►213.0903 [Show Topic Path]
International issues — Importation provisions ►220.13 [Show Topic Path]
Decision of federal appellate court is affirmed in copyright infringement action in which appellate panel held that first-sale doctrine of 17 U.S.C. §109(a) provides no defense to infringement action brought under Sections 106(3) and 602(a) that involves foreign-made, “nonpiratical” copies of U.S.-copyrighted work, unless those same copies have already been sold in United States with copyright owner's authority, and that first-sale doctrine is therefore unavailable as defense in case in which plaintiff made watches bearing copyrighted “Omega Globe Design” in Switzerland and sold them to authorized overseas distributors, and defendant resold watches in California without plaintiff's authorization.

PER CURIAM.

[1] [2] The judgment is affirmed by an equally divided Court.

JUSTICE KAGAN took no part in the consideration or decision of this case.

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