Article: Imports Of Foreign-Made, Genuine Copies Not Protected By First Sale Doctrine.

The U.S. Court of Appeals for the Ninth Circuit recently addressed whether the Supreme Court's 1998 landmark Quality King decision requires it to overrule its own precedent allowing a defendant in a copyright infringement action to claim the "first sale doctrine" of 17 U.S.C. s. 109(a) as a defense only if the disputed copies of a copyrighted work were either made or previously sold in the United States with the authority of the copyright owner. Omega S. A. v. Costco Wholesale Corp., Case No. 07-55368 (9th Cir., Sept. 3, 2008) (Smith, J.).

Omega makes its watches in Switzerland using a U.S. copyrighted design and sells its watches globally through a network of ...

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