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Parallel imports: trademarks, copyrights, and the Supreme Court

Foley Hoag LLP
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USA
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October 11 2010

The stage has been set for an issue important to brand-owners and importers alike, the importation of parallel imports or "gray market" goods, to be addressed by the Supreme Court early in the high court's October 2010 Term

Supreme Court hears arguments in Costco v. Omega

Banner & Witcoff Ltd
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USA
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November 9 2010

On November 8, 2010, the U.S. Supreme Court heard oral arguments in Costco Wholesale Corp. v. Omega, S.A., a case that could have far-reaching implications on a copyright holder’s ability to control the downstream distribution of imported goods

Supreme Court to rule on use of Copyright Act to prevent importation of gray market goods

Foley & Lardner LLP
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USA
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July 7 2010

Businesses affected by gray market goods will be closely watching the U.S. Supreme Court's next term for a decision in Costco Wholesale Corp. v. Omega (U.S. Apr. 19, 2010

Supreme Court affirms Ninth Circuit decision holding first sale defense not available when the copies are made outside the United States

Hogan Lovells
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USA
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January 20 2011

On December 13, 2010, the U.S. Supreme Court issued a per curiam opinion stating that it was equally divided on the issue presented in Costco Wholesale Corp. v. Omega S.A

ITC starts investigation into certain radio control hobby transmitters and receivers and products containing same

McDermott Will & Emery
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USA
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January 14 2011

Horizon Hobby Inc. filed a complaint with the ITC on January 6, 2011, naming over Koko Technology Ltd. of Shenzhen, China and Cyclone Toy & Hobby of Shenzhen, China as respondents

Supreme Court affirms Ninth Circuit without opinion in Costco case

Nutter McClennen & Fish LLP
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USA
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January 26 2011

The Supreme Court issued a per curiam decision in Costco Wholesale Corporation v Omega SA on December 13, 2010

First sale doctrine does not protect foreign made imports

McDaniel & Park, P.C.
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USA
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August 30 2011

Construing an “utterly ambigious” provision of the U.S. copyright statute, the Second Circuit Court of Appeals rejected the first sale doctrine as a defense against claims of copyright infringement arising from the importation of foreign-published textbooks, and affirmed an award of $600,000 in statutory damages against a graduate student who imported and sold textbooks on eBay

Citing copyright misuse doctrine, court holds that watchmaker cannot rely on copyright to stop importation of gray market watches into United States

Arent Fox LLP
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USA
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December 13 2011

A recent decision by a California federal district court could make it more difficult for copyright owners to prevent the unauthorized importation of gray market goods into the United States

Santa Margherita and Paterno toast quick win in gray market wine case

Roetzel & Andress
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USA
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October 24 2011

Plaintiffs Santa Margherita S.p.A. (“Santa Margherita”) and Paterno Imports, Ltd. (“Paterno”) recently secured a consent judgment in a “gray market” trademark and copyright case, S. Margherita S.p.A. v. Thomas Wine Imports, Inc., Case No. 2:11-CV-00843-GHK-JEM (C.D.Cal. 2011

First sale doctrine does not apply to genuine works manufactured outside the United States

Kenyon & Kenyon LLP
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USA
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September 21 2011

The Second Circuit recently ruled that copyright owners may block the importation of articles that they made and sold overseas, dealing with an issue that divided the Supreme Court last term

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Search results

Parallel imports: trademarks, copyrights, and the Supreme Court

Supreme Court hears arguments in Costco v. Omega

Supreme Court to rule on use of Copyright Act to prevent importation of gray market goods

Supreme Court affirms Ninth Circuit decision holding first sale defense not available when the copies are made outside the United States

ITC starts investigation into certain radio control hobby transmitters and receivers and products containing same

Supreme Court affirms Ninth Circuit without opinion in Costco case

First sale doctrine does not protect foreign made imports

Citing copyright misuse doctrine, court holds that watchmaker cannot rely on copyright to stop importation of gray market watches into United States

Santa Margherita and Paterno toast quick win in gray market wine case

First sale doctrine does not apply to genuine works manufactured outside the United States

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