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- Title
Battling Gray Markets Through Copyright Law: Omega, S.A. v. Costco Wholesale Corporation.
- Authors
Brooks, Samuel
- Abstract
The article discusses the case Omega, S.A. v. Costco Wholesale Corp. wherein the U.S. Court of Appeals ruled that owners could use copyright law to prevent unauthorized importation of their products into the U.S. A contrary view is offered based on the case Quality King Distributors, Inc. v. L'anza Research International, Inc., which is incompatible with the Ninth Circuit ruling. The court should have ruled that Section 602 (a) of the Copyright Act applies the first sale doctrine without considering the location of the product's manufacturer.
- Subjects
UNITED States; ACTIONS &; defenses (Law); OMEGA SA; COSTCO Wholesale Corp.; COPYRIGHT; QUALITY King Distributors Inc. v. L'anza Research International Inc. (Supreme Court case); UNITED States. Court of Appeals (9th Circuit)
- Publication
Brigham Young University Law Review, 2010, Vol 2010, Issue 1, p19
- ISSN
0360-151X
- Publication type
Article