Review of Intellectual Property Law Blog

Archive: January 2011

Omega: A Preview for the Rest of the Oct. 2010?

Posted by Michael Eisnach on Wednesday, January 5th, 2011

On December 13, 2010, an equally divided court issued a per curiam decision affirming the Ninth Circuit’s decision in Omega v. Costco. The Ninth Circuit held that goods manufactured abroad are not covered by the first sale doctrine under 17 U.S.C. ยง 109. While the Court occasionally issues per curiam decisions, it does not often…

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