An interesting article about the case between Costco and Omega watches regarding the sale of watches featuring the Omega logo, manufactured in Switzerland, and sold by Costco in the U.S.:
http://www.theiplawblawg.com/archives/151235-print.html.
Many of us may have recently heard about this case, particulary if you heard Professor Gomulkiewicz's interview on NPR a few weeks back. It raises interesting questions about the first sale doctrine and the issue of parallel imports. Though I believe that the 9th Circuit decision is correct (even though I am as big a fan of Costco as the next person), I also think the results of this case create a problem for the future because I manufacturers may simply circumvent the problem by making sure that all their manufacturing is done abroad so as to ensure that its first sale is always made to a foreign manufacturer.
Wednesday, May 5, 2010
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