COSTCO WHOLESALE CORP.
v.
OMEGA, S. A.
COSTCO WHOLESALE CORP.
OMEGA, S. A.
562 U.S. 40
Supreme Court of the United States (2010)
Positive Treatment
Also reported at: 178 L. Ed. 2d 470 · 131 S. Ct. 565 · 2010 U.S. LEXIS 9597 · SCDB 2010-004
Cited by 6 cases
Per_curiam
[*41] Per Curiam.
The judgment is affirmed by an equally divided Court.
Justice Kagan took no part in the consideration or decision of this case. -
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kirtsaeng v. John Wiley & Sons, Inc., 568 U.S. 519 (U.S. 2013)…mega S. A. v. Costco Wholesale Corp., 541 F. 3d 982, 986 (CA9 2008) (“first sale” doctrine applies to copies manufactured outside the United States only if an authorized first sale occurs within the United States), aff’d by an equally divided court, 562 U. S. 40 (2010), and Sebastian Int’l, Inc. v. Consumer Contacts (PTY) Ltd., 847 F. 2d 1093, 1098, n. 1 (CA3 1988) (limitation of the first sale doctrine to copies made within the United States “does not fit comfortably within the scheme of the Copyright Act”…
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Supap Kirtsaeng v. John Wiley & Sons, Inc., 136 S. Ct. 1979 (U.S. 2016)…d, that the first-sale doctrine permitted the resale of foreign-made books; others maintained, along with Wiley, that it did not. And this Court, in its first pass at the issue, divided 4 to 4. See Costco Wholesale Corp. v. Omega, S.A., 562 U.S. 40, 131 S.Ct. 565, 178 L.Ed.2d 470 (2010) (per curiam ). In this case, the District Court sided with Wiley; so too did a divided panel of the Court of Appeals for the Second Circuit. See 654 F. 3d 210, 214, 222 (2011). To settle the continuing conflict, this Cour…