Retailers Should be Cautious Following Supreme Court’s Omega Decision
February 25, 2011
By: Michael A. Albert
An evenly divided U.S. Supreme Court issued a curt decision on December 13 in a case that may have disappointed both manufacturers and retailers hoping to obtain legal clarity as to whether the importation of "gray-market" goods (those not strictly counterfeit but not intended for sale in the U.S.) can be excluded under copyright law.
The split decision (4-4) has the effect of upholding – but without setting a precedent – the decision of the Ninth Circuit Court of Appeals in California, which ruled for the manufacturer seeking to keep foreign-made, copyrighted goods out of the United States.
