Supreme Court Affirms 9th Circuit Ruling Refusing to Allow "First Sale Doctrine" as Defense to Copyright Infringement for Distribution of Foreign-Made Copies

On December 13, 2010, the Supreme Court issued a split decision (due to Justice Kagan’s recusal) in Omega S.A. v. Costco Wholesale Corp., 562 U.S. ___ (2010), thereby affirming the 9th Circuit ruling that the "first sale doctrine" does not serve as a defense to copyright infringement where one imports into the United States genuine, foreign-made copies of a copyrighted work without the authorization of the copyright owner.

Robert M. Wasnofski, Jr.
Partner
New York

Jose L. Hernandez
Associate
New York

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