Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Intellectual Property StrategistKickerSectionsNewsLJN Newsletters

The Saga of Omega v. Costco Wholesale Corp.

By Matthew Siegal and Binni Shah
January 30, 2012

In an effort to control after-market (gray market) sales of its Swiss-made watches, Omega places a U.S. copyrighted design (“the Omega Globe Design”) on the backside of its watch cases. Omega hoped doing so would let it control third-party imports to the United States by suing the unauthorized seller for copyright infringement. More than seven years after the Omega S.A. v. Costco Wholesale Corp. case began, there has been no trial and the case is now back at the Ninth Circuit for a second time.

Omega makes its watches in Switzerland and distributes them globally through a network of authorized distributors and retailers. The Omega Globe Design was three millimeters in size and was inscribed on the backside of certain of Omega's watches. Costco obtained the watches outside the United States where Omega had originally sold them to authorized distributors. Costco then sells these gray market watches in the United States at a significant discount.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes Image

“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.

One Overlooked Element of Executive Safety: Data Privacy Image

Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.