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The Cloak Of Copyright: How Costco V. Omega Enabled Price Discrimination, Jacinth K. Sohi
The Cloak Of Copyright: How Costco V. Omega Enabled Price Discrimination, Jacinth K. Sohi
CMC Senior Theses
In December of 2010, Costco v. Omega came down from the Supreme Court. The Switzerland-based watchmaker Omega sold Seamaster Collection watches, which were affixed with its copyrighted logo, in the United States as well as in foreign markets. Omega priced watches in the United States market higher than elsewhere. Costco obtained Omega’s watches from a third party that had purchased the watches abroad, then sold them at its membership warehouses for cheaper prices than authorized Omega dealers in the United States. Consequently, Omega sued Costco for copyright infringement. Costco pursued a defense based on the first sale doctrine in response. …