An equally divided court affirmed the ninth circuits holding that the first sale doctrine applies only to ed items that are made and distributed in. The supreme court agreed to hear omega s suit against costco, looking at whether the discount retailer can be held liable for infringement for. Relying on supreme court s decision in kirtsaeng v. Supreme court split 44 on a widely watched case involving discounter costco and omega watches, according to reports. Certiorari to the supreme court of the united states was granted on april 19, 2010. Costco, one of americas biggest discount warehouse clubs, suffered a setback yesterday after failing to win backing from the us supreme court for its right to sell luxury swiss watches that it. For many years, costco sold omega watches that costco legally. For many years, costco sold omega watches that costco legally obtained through third party distributors. Omega discussed the possibility of costco carrying omega watches. Costco is a united states corporation that has offices in europe and asia.
Federal court rules in favor of costco in graymarket. Justice kagan took no part in the consideration or decision of this case. This meant that the ninth circuit decision was affirmed for purposes of the ninth circuit, but was not binding precedent in the other circuits. The company is a warehousebased retailer, selling wholesale brandname goods at low retail prices. The tie was possible because justice elena kagan recused herself in the case. The supreme court agreed to hear omegas suit against costco, looking at whether the discount retailer can be held liable for. Supreme court split on costcoomega case puget sound.
Supreme court agrees to hear case about costco selling. Supreme court to hear case on costco resale of watches wsj. On writ of certiorari to the united states court of appeals for the ninth circuit december, 2010 per curiam. Readers are requested to notify the reporter of decisions, supreme court of the united states, wash ington, d. Findlaw leagle oral argument july 15, 2008 supreme court 2010 text of costco wholesale corp. The court deadlocked 44, which means that the appeals court ruling against costco stays in place, though the case sets no new high court precedent because it ended in a tie. Omega, an interesting decision from the ninth circuit that upheld the swiss. The supreme court has agreed to hear the appeal of costco v. Supreme court rules against consumers in costco vs. The firstsale doctrine and foreignmade goods anna christensen briefs and documents merits briefs.
The supreme court must now decide whether the first sale doctrine applies to. With justice kagan recusing herself, the supreme court in 2010 reached a 44 tie. The supreme court granted certiorari, and an equally divided court. A on writ of certiorari to the united states court of appeals for the ninth. Costco argued that those decision had been implicitly overruled by a more recent united states supreme court decision, quality king distributors, inc. Watchmaker omega has ended its decadelong lawsuit against retail giant costco over socalled gray market goods, voluntarily dropping a bid for a second trip the u. Costco loses omega us supreme court appeal the times. Justia oyez oral argument audio supreme court slip opinion docket. Omega drops gray market high court case against costco.
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